Here is a Sample/template for absent petition under section 317 of Cr.P.C.Format of 317 CrPC petition - Sample
Anticipatory bail granted in cases filed under various IPC sections. The bare section is here.
Supreme Court of India
- Gurbaksh Singh Sibbia Etc Vs State Of Punjab on 9 April, 1980 [Landmark Judgment: AB valid until end of Trial; No FIR necessary for grant of AB]
- Arnesh Kumar Vs State of Bihar and Anr on 2 July 2014 [Landmark Judgment: No automatic arrest in all cases with punishment less than or up to 7 years]
- Siddharam Satlingappa Mhetre Vs State Of Maharashtra And Others on 2 December, 2010 [Landmark Judgment: AB valid until end of Trial]
- Bhadresh Bipinbhai Sheth Vs State of Gujarat and Anr on 1 Sep 2015 [Ground for grant of AB]
- Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 15 May, 2018
- Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 29 January 2020 [Landmark Judgment: AB valid until end of Trial]
- Dr. Rajesh Pratap Giri Vs State of U.P. and Anr on 05 Mar 2021 [No need to go and obtain Regular Bail after filing of Charge sheet by IO, if Anticipatory Bail was granted earlier]
- Udho Thakur Vs State of Jharkhand on 29 Sep 2022 [No Payments when allowing Anticipatory Bail]
- Monirul Islam Vs The State of West Bengal on 01 Dec 2022 [AB cannot passed for a fixed time period]
- Bimla Tiwari Vs State of Bihar and Ors on 16 Jan 2023 [Criminal Proceedings cannot be converted into Recovery Proceedings]
Allahabad High Court
- Javed Ahmad Vs State of U.P. and Anr on 13 Feb 2023 [Relies on Gurbaksh Singh Sibbia; FIR is not a pre-condition to grant AB, but Reasonable Apprehension Of Being Arrested has to be explained]
Bombay High Court
Kerala High Court
Index of all Bail matters is here.
Listed here are various judgments where in Permanent Alimony is granted to Knife.
NOTE: This will be a running document, meaning, it will be frequently updated with judgments as and when I find them.
Supreme Court Judgments
- Vinny Parmar vs Paramvir Parmar on 20 July, 2011 (Alimony Enhanced)
- Vishwanath Vs Sau. Sarla Vishwanath Agrawal on 4 July, 2012
- U.Sree Vs U.Srinivas on 11 December, 2012
Andhra Pradesh High Court Judgments
- K. Narasinga Rao Vs K. Neeraja @ Rajini on 1 June, 2015 (Alimony Enhanced)
Orissa High Court Judgments
- Pritipadma Pradhan Vs Debasish Pradhan on 20 August, 2014 (Alimony Enhanced)
When you are fighting the false cases you are impleaded with, we all know it is going to be a lengthy battle. Our effort should be to cut this to the minimum as much as possible.
Identifying applicability of Legal grounds as established by a catena of Judicial Precedents, from the complaint, FIR or Charge-sheet along with other Prosecution documents such as witness statements made u/s 161 CrPC, is the first task one has to do. Then search and procure the judgments applicable for the identified grounds. Later on draft your Discharge or Quash petition citing the identified legal grounds on how the facts of your case match that of the Precedents and support them by giving a reference to the Judgments.
One of the ways is to apply for discharge of all respondents at Judicial Magistrate court citing the legal grounds under which the complaint/FIR/Charge sheet is not maintainable in the eyes of law and needs to dealt with accordingly. This can only be done any stage before the charges are ‘framed’ on the respondents/accused by the Magistrate. So strategy should be to wait for the charge-sheet to be taken cognizance by the magistrate and given a number for the case. Here, you will also try and highlight contradictory statements of these documents, to your advantage.
Of course, you can file discharge petition citing the legal grounds from just the complaint and the FIR. No need of waiting for charge sheet. We will then restrict ourselves to Complaint and FIR.
The discharge petition can be filed under Section 239 (for Warrant Case/originating from Police Station) in The Code Of Criminal Procedure, 1973 or Section 227 (Summons Case/originating from complaints to Magistrate) in The Code Of Criminal Procedure, 1973
239. When accused shall be discharged. If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
Judgments list available here.
227. Discharge. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
Judgments list available here.
On similar note, Higher courts have powers under various sections and articles of constitution, to quash the FIR, Charge sheet, and any proceedings that are ongoing related to case like bails, mediation etc.
The quash petition can be filed under Section 482 in The Code Of Criminal Procedure, 1973
482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice
See this page here to read and understand the legal grounds that you can cite in your discharge or quash petition.
Visit this page here to read the grounds to quash FIRs u/s 482 CrPC
VERY IMP NOTE: Since this is just discharge from a criminal case, there is every threat of again becoming accused u/s 319 CrPC. Recent SC decision is here.