Application Under Section 145 Criminal Procedure Code | Lawguru

Application Under Section 145 Criminal Procedure Code

Drafting an application under Section 145 of the Criminal Procedure Code (CrPC) can be a complex process, but with proper guidance, it can be done efficiently. Here is a step-by-step guide on how to draft an application under Section 145 of the CrPC:

Understanding the Provision: Section 145 of the CrPC is a provision that deals with the prevention of breaches of the peace and the maintenance of public order. This section empowers the Magistrate to take necessary measures to prevent disputes or breaches of the peace and to maintain public order.

Identifying the Grounds: The first step in drafting an application under Section 145 is to identify the grounds for the application. The grounds could be related to a dispute over property or any other matter that is likely to cause a breach of the peace or affect public order.

Gathering Evidence: Once the grounds are identified, the next step is to gather evidence that supports the application. This evidence could include documents, witness statements, or other relevant materials.

Preparing the Application: The next step is to prepare the application. The application should be drafted in a clear and concise manner, stating the grounds for the application and the evidence that supports it. The application should also include the names of the parties involved in the dispute and the details of the dispute.

Filing the Application: The next step is to file the application in the Magistrate's court. The application should be accompanied by the relevant documents and evidence that support the application.

Representation: After the application is filed, it is advisable to be represented by a lawyer who is well-versed in criminal law. The lawyer will assist in preparing the arguments and presenting them before the Magistrate.

In conclusion, drafting an application under Section 145 of the CrPC requires a thorough understanding of the provision and the grounds for the application, and the gathering of evidence to support the application. With proper guidance and representation, the process can be completed successfully, resulting in a resolution of the dispute and maintenance of public order.  

Please click on the link below for the draft : 

Application Under Section 145 Crpc

Application under section 176(2) Criminal Procedure Code | Lawguru

Application under section 176(2) Criminal Procedure Code 

An application under Section 176(2) of the Criminal Procedure Code (CrPC) should be written in a formal, concise, and clear manner, stating the facts and reasons for seeking the relief sought. Here's a sample format you could follow while drafting the application:

Introduction: Start with a brief introduction, including your name, address, and contact details. Mention that you are making an application under Section 176(2) of the CrPC.

Background: Provide a brief background of the case, including the relevant facts and circumstances. Mention the date of the incident, the place of the incident, the persons involved, and any other relevant details.

Reason for the application: State the reason for making the application, including the relief sought. Mention that you are seeking an investigation into the matter and that you believe an investigation is necessary to determine the truth of the matter.

Supporting evidence: Provide any supporting evidence that you have, such as witness statements, documentary evidence, or any other relevant information.

Prayer: Conclude the application by making a prayer, stating the relief sought, and requesting the authorities to take necessary action in accordance with the provisions of the CrPC.

Signature: Sign the application and mention your contact details again, including your address and phone number.

Note: The format and content of the application may vary depending on the jurisdiction and the specific facts of the case. It is advisable to consult a lawyer to assist you with drafting the application under Section 176(2) of the CrPC.

Please click on the link below for pdf format :

Application under section 176(2)

Cancellation of surety bond pdf format | Lawguru

To draft a cancellation of the surety bond, 

you can follow the below steps:

Identify the parties involved: 

Provide the names of the obligee (the person who requires the bond) and the principal (the person providing the bond).

Provide the bond details: 

Specify the bond number, date of execution, and any other relevant details related to the bond.

Reason for cancellation: 

State the reason why the surety bond is being canceled.

Termination of liability: 

Indicate that the surety's liability under the bond is being terminated and that the obligee is no longer entitled to make a claim against the bond.

Effective date: 

Set the effective date of the cancellation, and specify that it will be binding on both parties from that date.

Signature:

 Both the obligee and the surety should sign the cancellation.

Example:

Cancellation of Surety Bond

This Cancellation of Surety Bond (“Cancellation”) is made and entered into this [date] by and between [Obligee Name], with a mailing address of [Address] (“Obligee”) and [Surety Name], with a mailing address of [Address] (“Surety”).

Bond Details:

The Surety and the Principal executed a Surety Bond in the amount of [$Amount] on [Date], under Bond Number [Number].

Reason for Cancellation:

The Surety and the Obligee have mutually agreed to cancel the Surety Bond.

Termination of Liability:

The cancellation of this Surety Bond shall terminate the Surety’s liability under the Bond. The Obligee shall no longer be entitled to make a claim against the Bond.

Effective Date:

This Cancellation shall be binding on both parties from [Date].

IN WITNESS WHEREOF, the undersigned have executed this Cancellation as of the date first above written.

[Obligee Name] [Surety Name]

[Signature] [Signature]

Please click on the link below for pdf format :

Cancellatin of surety bond

Format of application withdrawal from complaint | lawguru

Here's a guide on how to draft an application for the withdrawal of a complaint:

Start with a clear heading that states the purpose of the application, such as "Application for the Withdrawal of Complaint."

Address the application to the relevant authority, such as a court or a government department.

In the first paragraph, mention the complaint that you previously filed and the reason for withdrawing it.

In the second paragraph, provide a clear and concise explanation for your decision to withdraw the complaint.

In the next paragraph, state your request for the withdrawal of the complaint and any necessary supporting documents or evidence.

End the application with a respectful closing, such as "Thank you for your time and consideration."

Include your signature and contact information, such as your name, address, and telephone number.

Make sure to keep a copy of the application for your records.

Note: The specific format and requirements for an application for the withdrawal of a complaint may vary depending on the jurisdiction and the type of complaint. Before drafting the application, it is advisable to research the relevant laws and regulations and seek legal advice if necessary.

Please click on the link below for the draft:

 Withdrawal from complaint

How to draft an application of acquittal under section 249-A | lawguru

To draft an application for the acquittal of an accused, follow these steps:

Identify the legal basis for the acquittal: 

You must first determine the reason why the accused should be acquitted, such as lack of evidence, legal procedural errors, or wrongful accusations.

Gather supporting documents: 

Collect any relevant documents such as police reports, eyewitness statements, expert reports, or other evidence that supports your case.

Write a clear and concise introduction: 

Start the application by briefly introducing the case and the accused, and stating the purpose of the application.

Present the legal basis for the acquittal:

 Clearly state the legal basis for the acquittal and provide any relevant legal citations or references.

Present the evidence supporting the acquittal: 

Present the evidence in a logical and concise manner, highlighting how it supports your legal argument for acquittal.

Conclude the application:

 Summarize the main points of the application and request that the accused be acquitted.

File the application: 

Submit the completed application to the appropriate court, along with any required fees or supporting documents.

Note: The specific requirements and procedure for filing an application for acquittal may vary depending on the jurisdiction and court in which the case is being heard. It is advisable to consult with a lawyer or legal professional for guidance and assistance in preparing the application.

For the draft please click on the link below:

Application of 249-A 

• application for acquittal before the magistrate
• magistrate power to acquit
• draft of application 249 a

Application for leave to court | lawguru

Here is a draft of the application for leave before the court in a specific case, please click on the link below to get the application draft:

Application for leave 

• application for leave from the court
• case leave application
• how to draft an application for leave

How to draft affidavit | lawguru

Here is a draft for the affidavit for Pre-arrest bail, please click on the link below and get the affidavit draft specimen:

 Affidavit for bail