REVISION APPLICATION U/ S 435/439 Cr.P.C. DRAFT SAMPLE



IN THE COURT OF 1st ADDITIONAL SESSIONS JUDGE HYDERABAD
Crl:Rev, No:__________of 2019

Bakh Baran S/O Shadi Khan, By caste Pathan, Adult, muslim,
Originally r/o Bhittai Town 306 Taluka Qasimabad 
District Hyderabad ------------------------------------------------------- Petitioner/Owner.

VERSUS.

The State, --------------------------------------------------------------------- Respondent

                                                                                        Proceedings No: U/S 550 Cr.P.C
                                                                                        Karwai No.11/2018,P.S Nasim Nagar

REVISION APPLICATION U/ S 435/439 Cr.P.C.

                            Being aggrieved and dis-satisfied with the order dated 20-02-2019 passed by learned 1ST Civil Judge/ Judicial Magistrate Hyderabad, whereby he passed the order U/S 523 Cr.P.C by allowing the application of petitioner and directed the petitioner to furnish solvent surety in the sum of Rs-400000/ Four Lacs. The present Petitioner files this petition with an earnest prayer that this Honourable Court may be pleased to call the record and proceedings of the case and after its scrutiny modify the impugned order dated 20-02-2019 and restore the property Viz: Messy Tractor bearing Engine No:9900iv-597963-5 along with its trolly containing would to petitioner on executing his P.R Bond before the trial court on the consideration of following facts.

FACTS

                        On 17-12-2018 SIP S.H.O Mazhar Din Khoro of P.S B.Section Nasim Nagar submitted proceedings U/S 550 Cr.P.C before the court of learned 2nd Civil Judge and J.M Hyderabad alleging there in that on 17-12-2018 vide entry No:06 at 08:25 hours ASI Ghulam Bahoo Bahalkani left P.S for patrolling purpose within the territorial Jurisdiction of the P.S and during the patrolling found four Tractors at Ali Palace Road near white Masjid without their owners. Said ASI Ghulam Baho seized all four tractors U/S 550 Cr.P.C and above mentioned S.H.O submitted proceedings before the court of Law.

                        An application for restoration of property was moved by the present owner before the learned trial court such report was called and finally impugned order was passed. Hence this Application.

GROUNDS

1. That the order of the learned Trial Court is totally misconceived and misleading and is against the law and natural justice, which is liable to be modified.

2. That therefore the order dated 20-02-2019 is against the provisions of law and justice hence, liable to be modified.

3. That the owner of the tractor was being penalized by police by detaining the same and depriving him of exercising his legal right to use his own property and as per instruction from my client the proceedings have been initiated by police at the instance of Big Gun of the locality.

4. That neither property is involved in any case nor is stolen property but present petitioner is real owner of the property therefore order passed by the learned trial court is liable to be modified to the extent that the tractor can be return to the applicant owner on executing such P.R Bonds only.

5. That in a case Ajab Khan VS the State reported in 2005 PCRLJ 1510 it is held by our honourable court that law did not require the owner in such a case to furnish the surety and the court can restore the property to real owner on merely executing P.R Bond of a reasonable amount.

6. That petitioner/owner undertakes to produce the property as and when require to learned trial court.

7. That law, facts, equity and justice requires that this Honourable Court may be pleased to allow the present revision application and modify the impugned order of Learned Trial Court in the interest of justice.

8. That it would be in the greater interest of Justice to allow this application.

H Y D E R A B AD.                                                                  (SAJID MIR)

Dated.05-03-2019                                                      Advocate for the Petitioner/owner
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