IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,

PATIALA HOUSE COURTS, NEW DELHI

Complaint Case No __ of 2011
In the matter of:
Vinay Rai
S/o Sh. Mahima Rai
10 A, First Floor, Pritvi Raj Road
New Delhi
... Complainant
Versus

1. Facebook India
Through its country head
Ms. Kirthiga Reddy
Office at : 4th Floor, Building-14, OPUS Towers, Mindspace, Cyberabad,
APIIC SW Unit Layout, Madhapur, Hyderabad-500081
kirthiga@fb.com
07799021 119
2. FaceBook
Through its chairman
Donald Edward Graham
Facebook Corporate Office 1601 S. California Ave. Palo Alto, CA 94304
3. Google India (P) Ltd.
4. Orkut
5. Youtube
6. Blogspot
Through its Country head
Shri Rajan Anandan
8th and 9th Floors, Tower -- C, Building No.8, DLF Cyber City, Gurgacn - 122
002
7. Google
8. Youtube
9. Blogspot
10. Orkut
Through its CEO,
Larry Page - CEO
1600, Amphitheatre, Parkway, Mountain View, CA 94043, USA
11. Yahoo India (P) Ltd.
Shri Arun Tadanki
Building No. 8, Tower-C, DLF Cyber City Phase-2, Gurgaon
12. Yahoo
Roy J. Bostock - Chairman
Yahoo! Inc.701 1st Ave., Sunnyvale, CA 94089
13. Microsoft India (P) Ltd.
Shri Bhaskar Pramanik
7th Floor, Cyber Green Tower-A.
DLF Cyber City, Phase-3 Gurgaon-122002
14. Microsoft
Through Steve Ballmer - CEO Microsoft Corporation
One Microsoft Way, Redmond, WA 98052-7329 USA
15. Zombie Time
16. Exboii [sic]
17. Boardreader
18. IMC India
19. My Lot
20. Shyni Blog
21. Topix

...Accused
P.S. Tuglak Road
Complaint Under Section 200 Read With Section 156 (3) Of the Code of
Criminal Procedure For Registration of FIR Under Section 153 (A), 153(B),
292, 293, 295(A), 298, 109, 500 and 120 B of the INDIAN PENAL CODE.
THE COMPLAINANT MOST RESPECTFULLY SHOWETH:
1. That the complainant is a law abiding citizen of India. The Complainant is
a resident of above stated address.
2. The complainant before this Hon'ble Court is a senior journalist and editor
of Akbari, an Urdu weekly.
3. That the complainant is moving to this Court as a citizen of India, not only
in public interest but also as an affected person who believes in a secular
India.
4. The accused persons are the publishers and service provider of the
electronic contents and also responsible to manage and control online site
and internet contents, who ever used and post the material on the site
through internet.
5. That the complainant wishes to draw the attention of this Hon'ble Court to
certain content hosted on various websites, which are per-se inflammatory,
unacceptable by any set of community standards; seeks to create enmity,
hatred and communal Violence amongst various religious communities; is
demeaning, degrading and obscene, and will corrupt minds and will seriously
affect religious sentiments . It is submitted that complainant had received
some information about these type contents and material posted on the social
site as well as sites of the above named accused and thereafter the
complainant in his office at the above mentioned address while going through
the contents of the above said websites realized that the same were
unacceptable to the secular fabric provided by the constitution of India and
would be intolerable to any community or religion.
6. That even on a bare perusal of the content it is clear that the same will
certainly corrupt young minds below the age of 18 years is highly provocative
and which may lead to illogical and dangerous consequences. It is humbly
submitted that these contents prima facie appears to be dangerous for the
society and communal harmony.
7. That such content, if allowed to be hosted on these websites would
seriously damage the secular fabric of India and would severely hurt the
sentiment of general public following different religions. Following are the
websites which host the said objectionable content as provided to the Hon'ble
court in a sealed envelope: 1.Facebook, 2.Youtube, 3. Google
4.Yahoo,5.0rkut, 6.Broadreader, 7. Mylot, 8.Zombie Time, 9.Shyni Blog,
10.Blogspot, 11.Exbii.com, 12.IMC India
8. That the accused persons are Social Networking Websites and their
Directors, Agents with their addresses provided as per the memo of parties.
9. The Social Networking Websites are only for providing the educational,
historical, research and entertainment work etc. as part of their commercial
activities meaning thereby that the functions and informations which are
regarding the welfare, development and entertainment of the society.
10. That on perusal of the same it has been found that presently there are so
many objectionable materials available on these social networking websites
which may lead to communal riots. It seems that the government authorities
have turned a blind eye to the same and does not have any established
measures or rules and guidelines to control and regulate the same. On the
bare perusal of all these contents it is more than evident that the government
is least bothered and as usual waiting for some dangerous consequences to
happen before taking some appropriate actions . It is submitted that the
neither police official nor the government had initiated any action to
curve/check these activities sou moto and failed to registered any .case
against the above named accused persons in any manner whatsoever under
any law prevailing at present point of time and corrective measures against
the said websites and the concerned officials.
11. That the main social networking websites are Google, Facebook, Youtube,
Orkut, Broadreader, Mylot, Zomie Time, Shyni Blog, Blogspot, Exbii.com, IMC
India. These accused persons knowingly well these facts that these contents
and materials are most dangerous for the community and peace of the
harmony, but with common and malfide intention and hands under glove with
each other failed to remove the same for the wrongful gain.
12. That the complainant is filing this complaint against the Directors, Agents,
Officials, Representatives and Employees of all the said Social Networking
Websites for having committed the offences under Section 153 (A), 153(B),
292, 293, 295(A), 298 and 500 of the IPC, which this hon'ble court will
appreciate even on a bare glance of the contents provided in the sealed
cover. The same is being provided to this hon'ble court in a sealed cover
understanding my social responsibility not to publicize the offensive and
inflammatory material which may lead to communal disharmony.
13. That the nature of the content hosted on each of these websites are ex-
facie scurrilous, defamatory, prejudicial to the maintenance of harmony
between different religions and communities, likely to cause fear and
generate a feeling of insecurity amongst members of religious communities,
obscene by any criteria of community standards of obscenity, seeks to
corrupt young minds, malicious and insulting to religions and religious beliefs
of certain communities and is intended to wound the religious feelings of
 persons and under no stretch of imagination be considered to be under
freedom of speech and expression . The contents hosted on the websites are
annexed to this complaint in a sealed cover as Annexure - A.
14. That Perusal of the content will lead to the conclusion that the same is
per-se unacceptable. It is humbly submitted that the contents of the site are
clearly established the offences punishable under provisions mentioned in the
above and if the action will taken against the accused person the same will be
caused serious prejudice to our society and social value provided and
protected under constitution of India.
15. That as a member of the community, The complainant is not only
individually hurt but also believe that if such content is allowed to continue to
be on these platforms in this form, then incalculable and irreparable damage
will be caused to the secular fabric of India. All those who are responsible for
allowing this content to be hosted on the websites conspired with those who
are the source of such content, and those who are promoting such material to
malice and defame the country with intention to spread the communal
violence to destabilise the country with undisclosed persons are liable to be
prosecuted and punished under these Sections 153 (A), 153(B), 292, 293,
295(A), 298,109, 500 and 120B of the INDIAN PENAL CODE.
16. That the contents which are shown on the social networking websites are
clearly showing and instigating enmity between different groups on the
grounds of religion, race, place of birth, residence, language etc. and doing
acts prejudicial to maintenance of harmony. It is clearly visible on the material
available on these social networking websites.
17. That the content which has been clearly shown on these websites are
clearly imputations, assertions, prejudicial to national integration. The material
is clearly visible in the Annexure .
18. That the contents which are available on these social networking websites
is obscene, that will create obscene books, pamphlets, paper, which can
easily be downloaded from these social networking websites. It will affect the
minds of the children. It is also harmful in the development of the nation.
19. That the contents which are clearly mentioned and annexed in Annexure,
shows the contents and malafide intention of these social networking
websites to create deliberate and malicious acts intended to outrage, religious
feelings of any class by insulting its religion or religious beliefs.
20. That the cause of action for filing the present complaint has arisen on
8.12.2011 when the complainant downloaded these pictures and photos and
these facts came to know in the knowledge of the complainant while sitting at
his above stated residence The cause of action is continuing and arising day
by day.
21. That the cause of action has arisen within the jurisdiction of the Hon'ble
Court which may take cognizance of the offence as committed by the
accused persons.
22. That the present complaint has been filed within the period of limitation
and this Hon'ble Court is competent to entertain & try the present complaint
and grant relief to the complainant.
23. That the complainant seeks the permission of this Hon'ble Court to urge
any additional ground or to examine any other witness or to submit any other
documents which would be made available to him at the time of hearing of
this complaint.
PRAYER
In view of the aforesaid submission made here in and in the interest of the
justice, it is therefore most respectfully prayed that this Hon'ble Court may
graciously be pleased to:
1. Register the present complaint.
2. Take cognizance of the offence, as the contents per-se amount to
commission of offences, as indicated above, without anything more.
3. Summon try and punish the accused persons for committing the offences
under section 153(A), 153(B), 292, 293, 295(A), 298, 109, 500 and 120B of
the IPC.
4. Take appropriate steps for prosecution and punishment of the above
website owners, concerned officials and their representatives and
undisclosed accused persons.
     Pass such other or further orders as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case.

COMPLAINANT
Through Counsel
Dated: 15.12.2011
Place: New Delhi

raft/Specimen/Format:
Private Complaint under section 200 CrPC before Magistrate
***************************************
IN THE COURT OF CONCERNED LEARNED AREA MAGISTRATE, LAHORE
PRIVATE COMPLAINT NO:____________/2018
___, RESIDENT OF ____, LAHORE.
….…Complainant
VERSUS
i. ____, SON OF UNKNOWN
ii. ____, DUGHTER OF UNKNOWN
BOTH RESIDENTS OF ____, LAHORE.
……Respondents
COMPLAINT UNDER SECTION 200 CRPC
RESPECTFULLY SHEWETH,
1. That the addresses of the parties of the purpose of issuance of summons/warrants issued
by this Honorable court have correctly been given above.
2. That through the instant complaint, the complainant humbly seeks indulgence of this
learned court for summoning and conviction of the respondents/ accused persons for
committing heinous crimes and taking law in their hands
3. That succinctly stated facts giving rise to the filing of complaint in hand are that the
complainant is in peaceful possession of upper portion of the property situated at ______,
Lahore. The complainant is a retired banker and he has been delivering lectures at various
universities and private colleges since his retirement. The complainant obtained above
mentioned property at rent and he has been enjoying the possession of the same as a
peaceful tenant.
4. That respondent/ accused no. 2 dwells at the lower portion/ ground floor of aforesaid
property as tenant. The respondent no. 2 is running an unknown and suspicious business at
the place of her residence and her customers often visit the portion occupied by her even at
odd hours. The complainant and his family members had requested the respondent no. 2 to
mend her ways of business because the complainant and his family members were facing
severe problems due to frequent visits of her customers. However, she never paid any heed
to the requests of the complainant. On the contrary, she carried on her suspicious business
and activities.
5. That the married daughter of the complainant, namely _____ resides at ____(out of
Pakistan) with her husband but for the purpose of her education she is living with the
complainant at his residence these days. The daughter of the complainant is doing her MBA
Marketing from Punjab University. On 26th of January 2018 at about 1:00pm when the
daughter of the complainant tried to park her car in the porch she was forbidden by the
respondent no. 2 to do the same because respondent no. 2 wanted one of her customers to
park the car in the porch but the daughter of the complainant refused to let any outsider park
his car inside the house. The complainant also reached the spot and he once again
requested the respondent no. 2 to leave her mysterious activities. The respondent no. 2
threatened the complainant and his daughter that she would teach both of them a lesson but
the complainant and his daughter left the spot and went to their residence that is upper
portion of the house.
6. That after half an hour someone knocked at the door of the upper portion of the property,
wherein, the complainant resides; the daughter of the complainant went to open the door.
When the daughter of the complainant opened the door she found respondent no. 1 along
with three unknown persons standing at the door. The moment she opened the door
respondent/accused no. 1 grabbed the daughter of the complainant from her hair, when the
complainant tried to release her from her clutches, Respondent No. 1 kicked the
complainant, snatched his phone and locked the door from outside and took away the
daughter of the complainant to the lower portion of the house. The respondents along with
two unknown persons beat the daughter of the complainant. While respondent no.1 had
grabbed the daughter of the complainant through her hair, respondent no. 2 snatched heavy
gold chain with diamonds from her neck and then after beating her they locked her in a room
and kept her in illegal detention, moreover, they opened the motor vehicle of the daughter of
the complainant Toyota Corolla and took away registration book of the vehicle along with the
Laptop of Apple company of latest model owned by the daughter of the complainant which
was placed at the rear seat of aforesaid vehicle.
7. That the complainant was detained in the upper portion along with his wife, he made much
noise but of no use, therefore, he couldn’t resist while his daughter was being detained and
beaten up. After a while, other daughter of the complainant, namely _______ reached the
premises unlocked the complainant and thereafter the complainant along with other daughter
went to the lower portion and rescued the daughter of the complainant. The respondent no. 1
flew away with diamond and gold chain, laptop and original documents of aforesaid vehicle.
The police also reached the spot and the complainant also submitted an application for
registration of FIR against the culprits i.e. respondents but due to some unknown reasons
they failed to take any action against the respondents. Copy of application submitted to
police is appended herewith.
8. The illegal and unlawful acts of the respondent amount to heinous offences and crimes
and they also took away valuable items of value more than one million, therefore, they are
liable to be prosecuted inter-alia under following sections:
i. 149, PPC-1860: Unlawful assembly
ii. 347, PPC-1860: Wrongful confinement to extort property, or constraint to illegal act
iii. 354, PPC-1860: Assault and criminal force to women with intent to outrage her modesty
iv. 386, PPC-1860: Extortion by putting a person in fear of death or grievous hurt
v. 356, PPC,1860: Assault and Criminal force in attempt to commit theft of property carried
by person
PRAYER
In aforementioned circumstance, it is humbly prayed the respondents may be summoned
and punished in accordance with the law.
COMPLAINANT
Through
ZEESHAN AHMAD MALIK
Advocate High Court

“THE LEGAL MENTORS”

66/3, HAJVERY COMPLEX, 2-MOZANG ROAD, LAHORE.
CERTIFICATE:
It is certified that upon instructions of our client, it is the first private complaint filed before this
Learned Court.
ADVOCATE
 IN THE COURT OF THE CHIEF METROPOLITAN
MAGISTRATE AT _________

COMPLAINT CASE NO. __________ OF 20__

(Affix Court Fee stamp of Rs. ___)

IN THE MATTER OF:

C___                                                        COMPLAINANT

ADDRESS _________________

VS

A___                                                         ACCUSED

ADDRESS _________________

Police Station _________

COMPLAINT UNDER SECTION 200 READ WITH SECTION

156(3) OF THE CODE OF CRIMINAL PROCEDURE FOR
REGISTRATION OF FIR UNDER SECTION 323 AND 506 OF
INDIAN PENAL CODE

THE COMPLAINANT ABOVE NAMED MOST RESPECTFULLY

SHOWETH:

1. That the complainant is a law abiding citizen of India. The

Complainant is a resident of Flat No____ in the ___________
area.

2. The Accused named above is the neighbor of the Complainant.

Both houses are situated near to each other.

3. That the Complainant and Accused has separate parking

spaces in front of their house. But the accused most of the time
park one of their vehicle in the Parking space of Complainant and
other Vehicle in his Parking Space.

4. That on _____ at about ____ 6.00 PM the Complainant

reached home from his office and found that the accused parked
his car in front of the house of Complainant. The Complainant
went to the House of the accused to make him humble request to
park his car in some other place as regularly he is causing in
convenience to the Complainant. The Accused came out of his
house with a stick and challenged the Complainant. The
Complainant tried to pacify him, but he abused the Complainant.
The Complainant objected to the abuses being burled by the
accused. The accused then gave complaint 3 blows on
complainant's leg by using the stick in his hand. As a result, the
Complainant received abrasions. The accused then criminally
intimidated the Complainant with dire consequences in case
complainant ever again visited him with such complaint or
reported the matter to the Police.

5. That the occurrence was witnessed by Mr. _____________

and Mr. ____________, neighbors in the locality.

6. That the Complainant went to the Police station at

_______________ to report the matter, but report was not
registered. Complainant went to the Government hospital and
got dressed his injuries. Copy of Complaint given to the Police
Station at _____ on _____ is attached herewith as Annexure A.

7. That the Complaint had Complaint to the Senior

Superintendent of Police by sending his Complaint by Registered
Post. Even then, no action has so far been taken against the
accused. Copy of Complaint sent to the Senior Superintendent of
Police at ______ on ______ is attached herewith as Annexure
B.

8. That the Accused has criminal record and he is of quarreling

nature. FIR No_____ dated _________ and FIR No __________
dated has been filed by Mr. __________ another neighbor of the
accused in earlier occasions. Copy of FIR No _________ and FIR
No______________ dated ________ filed by Mr. ___________
is attached herewith as Annexure C.

9. Under this Circumstances, the Complainant Prays for legal

action against the Accused.

PRAYER

In view of the aforesaid submission made here in and in the

interest of the justice, it is therefore most respectfully prayed
that this Hon'ble Court may graciously be pleased to:

1) Register the present complaint.

2) Take cognizance of the offence, as the contents per-se

amount to commission of offences, as indicated above, without
anything more.

3) Summon try and punish the accused person for committing

the offences under section 323 and 506 of the IPC.
 

4) Pass such other or further orders as this Hon'ble Court may

deem fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE

APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.

COMPLAINANT

THROUGH

______ADVOCATE

Place :

Date :

Annexures to be attached with the Complaint

1. List of witness to be examined with name and address

2. Photograph of Complainant with Injuries

3. Medical Certificate issued by the CMO of Government Hospital

4. Copy of FIR No _________ and FIR No______________ dated

________ filed by Mr. ___________.

5. Copy of Complaint given to the Police Station at _____ on

_____

6. Copy of Complaint sent to the Senior Superintendent of Police

at ______ on ______

7. Any other relevant document related to the incident.

N THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE
AT _________

CASE NO. __________ OF 20__

(Affix Court Fee stamp of Rs. ___)

IN THE MATTER OF:

STATE                                                    COMPLAINANT

VS

A__                                                         ACCUSED

FIR No__________ Dated _________

Under Section ________

Police Station _________

APPLICATION FOR RELEASE OF CAR NO_____

MOST RESPECTFULLY SHOWETH:

1. That the Applicant is the registered owner of Car Registration

No__________, Engine No_______ Chassis No___________.

2. That on _______ at about 7.30 PM the Applicant parked his

car outside his house and it was in tact till 11.30 PM, when the
Applicant had gone to bed. In the morning ar around 6.30 AM the
Car was found missing from there. Despite search in different
places, the Car was not traceable.

3. That the Applicant immediately reported to matter to the

Police by dialing 100. Two Policemen reached the residence of
the Applicant and collected information. After that the Applicant
went to the Police Station at __________ whereupon case FIR
No. ____ dated _____ was registered.
4. That toady ____ Sub-Inspector of Police Station
_________informed the Applicant about recovery of his vehicle
from a thief. Thereupon, the Applicant went to the Police station
and identified his Car lying in the Police Station.

5. That the Police told the Applicant that his car is no longer
required for further investigation. The Applicant is in need of his
car. In case it is allowed to remain at the Police station, it may
get damaged being out of use.

6. The Applicant humbly pray that his car No____ may please be
released to him on Superdari. The Applicant Assure its production
before the court as and when required by the Police or the Court.

7. The Applicant is ready and willing to give undertaking or

furnish requisite bond.

PRAYER

That the Applicant, therefore, prays:

a) that the court may pass order to release his Car No_____ on
Superdari to the Applicant.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE

APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.

APPLICANT

THROUGH

Place :

Date :

IN THE COURT OF THE CHIEF METROPOLITAN

MAGISTRATE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

STATE                                                    COMPLAINANT

VS

A__                                                         ACCUSED

AFFIDAVIT

I, Mr. / Ms. _______________ aged _________ years,

Occupation _______ Resident of ________ the Applicant do
solemnly affirm and say as follows:

1. That I am owner of Car No ______

2. That my above vehicle was stolen on _______ and an FIR

No_____ dated was lodged at __________ Police Station.

3. That my above car has been covered by Police from the thief
and presently is under custody of Police.

4. That the Police told the Applicant that his car is no longer
required for further investigation.

5. That my above vehicle may be ordered to be released to me

against proper bond or undertaking as required so that I can use
the vehicle for my daily needs.

Signed at ___________ this ___________ day of

___________20__

DEPONENT

VERIFICATION

I, __________ the above named deponent do hereby verify on

oath that the contents of the affidavit above are true to my
personal knowledge and nothing material has been concealed or
falsely stated therein.

Signed and verified this _______ day of _______ 20 _______ at

_______

DEPONENT
 IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE AT
_________

CASE NO. __________ OF 20__

(Affix Court Fee stamp of Rs. ___)

IN THE MATTER OF:

A___                                                        COMPLAINANT

VS

B___                                                         ACCUSED

FIR No__________ Dated _________

Under Section ________

Police Station _________

APPLICATION FOR RELEASE OF CAR NO_____

MOST RESPECTFULLY SHOWETH:

1. That the Applicant is the registered owner of Car Registration

No__________, Engine No_______ Chassis No___________.

2. That the vehicle met with an accident at on ______ at about

____ P.M..

3. That the above vehicle has been covered by the Police and
presently is under custody of the Police , Police Station. An F.I.R.
No._____ , under Section 279, 337 of the Indian Penal Code has
also been lodged by the Police Station. Necessary investigations
have been completed by the police.

4. That the Police told the Applicant that his car is no longer
required for further investigation.

5. That the Applicant need the above vehicle to carry out its
repairs.

6. That the above vehicle may be released to the Applicant along

with documents and license against proper security and
conditions as deemed fit and proper by this Hon'ble court so that
I can carry out necessary repairs.
7. It is, therefore, the most humbly prayed that your honour be
pleased to order the release of my above vehicle along with
documents and license against the security and conditions as
deemed fit and proper by your honour. Such other orders may
also be passed in favour of the petitioner as deemed fit and
proper by this Hon'ble Court in the facts and circumstances of the
case.

8. The Applicant is ready and willing to give undertaking or

furnish requisite bond.

PRAYER

That the Applicant, therefore, prays:

a) that the court may pass order to release his Car No_____
along with Driving License and documents to the Applicant.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE

APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.

APPLICANT

THROUGH

______ADVOCATE

Place :

Date :

IN THE COURT OF THE CHIEF JUDICIAL MAGISTRATE AT

_________

CASE NO. __________ OF 20__

(Affix Court Fee stamp of Rs. ___)

IN THE MATTER OF:

A___                                                        COMPLAINANT

VS

B___                                                         ACCUSED
 AFFIDAVIT

I, Mr. / Ms. _______________ aged _________ years,

Occupation _______ Resident of ________ the Applicant do
solemnly affirm and say as follows:

1. That I am owner of Car No ______ and Respondent in the

above mentioned matter.

2. That the vehicle met with an accident at on ______ at about

____ P.M.

3. That the above vehicle has been covered by the Police and
presently is under custody of the Police , Police Station. An F.I.R.
No._____ , under Section 279, 337 of the Indian Penal Code has
also been lodged by the Police Station. Necessary investigations
have been completed by the police.

4. That the Police told the Applicant that his car is no longer
required for further investigation.

5. That the Applicant need the above vehicle to carry out its
repairs.

6. That my above vehicle may be ordered to be released to me

against proper bond or undertaking as required so that I can use
the vehicle for my daily needs.

Signed at ___________ this ___________ day of

___________20__

DEPONENT

VERIFICATION

I, __________ the above named deponent do hereby verify on

oath that the contents of the affidavit above are true to my
personal knowledge and nothing material has been concealed or
falsely stated therein.

Signed and verified this _______ day of _______ 20 _______ at

_______
 

DEPONENT
 

IN THE MATTER OF

STATE
VS
(Mention the name of the applicant)

FIR Number: (Mention the FIR number)

Under Section: (Mention the sections under which the FIR has
been filed)

Police Station: (Mention the name of the Police Station)

Accused under custody since: (Give the date on which accused

has been arrested)

APPLICATION UNDER SECTION 437 CRPC FOR GRANT OF

BAIL ON BEHALF OF THE ACCUSED (name of the applicant of
the bail along with his fathers name, address and other details)

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus
facts. The facts stated in the FIR are fabricated, concocted and
without any basis.

2. That the police has falsely implicated the applicant and

arrested him in the present case, the applicant is a respectable
citizen of the society and is not involved any criminal case.

3. That the facts stated in the complainant against the applicant

are civil disputes and does not constitute any criminal offence at
all.

4. That the applicant is not required in any kind of investigation

nor any kind of custodial interrogation is required, nor any
recovery is to be made at the instance of the applicant.
5. That the applicant is having very good antecedents, he
belongs to good family and there is no criminal case pending
against them.

6. That the applicant is a permanent resident and there are no

chances of his absconding from the course of justice.

7. That the applicant undertakes to present himself before the

police/court as and when directed.

8. That the applicant undertakes that he will not, directly or

indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer.

9. That the applicant further undertakes not to tamper with the

evidence or the witnesses in any manner.

10. That the applicant shall not leave India without the previous
permission of the Court.

11. That the applicant is ready and willing to accept any other
conditions as may be imposed by the Court or the police in
connection with the case.

PRAYER
It is therefore prayed that the court may order for the release of
the applicant on bail in the interest of justice.

Any other order which the court may deem fit and proper in the
facts and circumstances of the case may be also passed in favor
of the applicant.

APPLICANT

THROUGH
COUNSEL
N THE MATTER OF

STATE
VS
(Mention the name of the accused)

FIR Number: (Mention the FIR number)

Under Section: (Mention the sections under which the FIR has
been filed)

Police Station: (Mention the name of the Police Station)

Accused under custody since (Give the date from when the
accused is in custody)

APPLICATION U/S 439 CRPC FOR GRANT OF BAIL ON

BEHALF OF THE ACCUSED (name of the applicant of the
bail)

MOST RESPECTFULLY SUBMITTED AS UNDER:

1. That the present FIR has been registered on false and bogus
facts. The facts stated in the FIR are fabricated, concocted and
without any basis.

2. That the police has falsely implicated the applicant in the

present case, and arrested him although the applicant is a
respectable citizen of the society and is not involved any criminal
case.

3. That the facts stated in the complainant against the applicant

are civil disputes and does not constitute any criminal offence at
all.

4. That the applicant is not required in any kind of investigation

nor any kind of custodial interrogation is required.
5. That the applicant is having very good antecedents, he
belongs to good family and there is no criminal case pending
against them.

6. That the applicant is a permanent resident and there are no

chances of his absconding from the course of justice.

7. That the applicant undertakes to present himself before the

police/court as and when directed.

8. That the applicant undertakes that he will not, directly or

indirectly make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the Court or to any police officer.

9. That the applicant further undertakes not to tamper with the

evidence or the witnesses in any manner.

10. That the applicant shall not leave India without the previous
permission of the Court.

11. That the applicant is ready and willing to accept any other
conditions as may be imposed by the Court or the police in
connection with the case.

12. That the Court below has failed to consider all the facts and
circumstances of the case and has wrongly dismissed the bail
application.
It is therefore prayed that the court may direct the release the
applicant on bail in the interest of justice.

Any other order which the court may deem fit and proper in the
facts and circumstances of the case may be also passed in favor
of the applicant.

APPLICANT

THROUGH
COUNSEL
 N THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:

ASR son of AGR resident of H. No. _, Block No. _,___Road near __ Bridge,
Tehsil and District Rawalpindi.

…Plaintiff

Versus

1. TA wife of AJS resident of Flat No. _, Crescent Apartment Block __,

__ Iqbal, Tehsil and District Karachi Sharqi.
2. Bahria Town, through its Chief Executive, Rawalpindi.
3. Bahria Town, Transfer Branch, through its Incharge.
…Defendants

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND

PERMANENT INJUNCTION.

Respectfully Sheweth,

1. That the defendant No. 1 is owner in possession of a plot No. _,

measuring 250 Sq Yards, situated at St No. ___, Category General Phase
V, Bahria Town, Rawalpindi vide registration No. ___. (copies of allotment
letter along with possession certificates are annexed herewith for the
kind perusal of this Honorable Court).
2. That the plaintiff and defendant No. 1 entered into an agreement
with regard to the sale of the said plot on 15-04-2009 for total
consideration amount of Rs. 23,25,000/- including charges of site plan
and other utility charges and the defendant No. 1 received Rs. 200,000/-
as earnest money from the plaintiff in presence of witnesses and for
remaining amount of Rs. 21,25,000/-, the date was fixed for payment as
30-04-2009.
3. That it was also settled between the plaintiff and defendant No. 1
that in case of failure on the part of the plaintiff to pay the remaining
amount to the defendant No. 1, the earnest money would be forfeited
while if the defendant No. 1 failed to transfer the said plot in favor of
the plaintiff after getting total amount, the defendant No. 1 would be
responsible to pay the double of the amount, which she received from
the plaintiff and the defendant No. 1 will have no objection, if the
plaintiff get transferred the said plot in his favor through the court of
competent jurisdiction.
4. That thereafter, the plaintiff requested the defendant No. 1 that he
is ready to pay the remaining amount before the stipulated period and
in this regard the plaintiff also deposited the remaining amount in the
bank and prepared a bank draft and requested her to transfer the said
plot in accordance with the agreement dated 15-04-2009 but she not
only received the amount but also refused to transfer the said plot in
favor of the plaintiff.
5. That the said act on the part of the defendant No. 1 is illegal,
unlawful, improper and against the all cannons of justice. Moreover, the
said act on the part of the defendant No. 1 is based upon malafide
intention and ulterior motives.
6. That the plaintiff number of times, requested the defendant No. 1
to fulfill her part of obligations in accordance with the written
agreement dated 15-04-2009, who once again refused to receive the
amount in respect of above mentioned land.
7. Tat the plaintiff is ready to perform his part of agreement, as his
earlier payments supports his version but the defendant No. 1 without
any justification is reluctant to transfer the suit land in favor of the
plaintiff.
8. That now it came into the knowledge of the plaintiff that the
defendant NO. 1 who is having very cordial relations in the Bahria
Town’s Office is trying to transfer the said plot in favor of some-one-else
while making collusion with the defendants No. 2 & 3.
9. That the plaintiff contacted the defendant No. 2 & 3 and asked
about the factual position with regard to the agreement and requested
them to refrain from transferring the ownership of the said plot in any
 manner whatsoever in favor of any persons except the plaintiff but in
vain.
10. That the defendant No. 1 is bound to fulfill her part in accordance
with the agreement dated 15-04-2009 but now she is adamant to hear
anything reasonable, hence this suit.
11. That the cause of action accrued finally two days ago when the
defendants finally refused to listen the genuine and legitimate requests
of the plaintiff, which is still continuing day by day.
12. That the office of the defendant No. 2 is at Rawalpindi, suit
property is at Rawalpindi, written agreement was made at Rawalpindi
between the parties, so this Learned Court got the jurisdiction to
entertain the matter in hand.
13. That the value of the suit for the purposes of court fee and
jurisdiction is fixed as Rs. 20,000/-, and no court fee is levied on the
plaint. However, in any discrepancy is made out, the plaintiff is ready to
deposit the court fee as per order of this Honorable Court.
PRAYER

It is therefore, humbly prayed that a decree of suit for specific

performance of agreement dated 15-04-2009 may kindly be passed in
favor of the plaintiff against the defendant No. 1.

It is further prayed that the defendants may kindly be restrained

permanently from transferring the plot No. 556, measuring 250 Sq
Yards, situated at St No. __, Category General Phase V, Bahria Town,
Rawalpindi to any person except the plaintiff.

Furthermore, the defendants may also be restrained not to transfer the

suit land while making collusion with each others to any person except
the plaintiff may kindly be passed in favor of the plaintiff against the
defendants.

Any other relief, which this Honorable court deems fit may also be
granted.

Plaintif

                       Through

Counsel

                      Advocate High Court

 Verification:
 Verified on Oath on this   day of Apr 2009, that the contents of the para
No. 1 to 10 are true and correct to the best of our knowledge and belief
and rest of the paras are believed to be true and correct.

Plaintiff

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:

ASR        …Plaintiff

Versus

Mst. TA etc        …Defendants

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND

PERMANENT INJUNCTION.

APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH

SECTION 151 C.P.C

Respectfully Sheweth:

1. That the applicant / plaintiff has filed the above captioned suit
before this Honourable Court, the grounds taken in the main suit may
kindly be read as integral part of this application.
2. That the applicant/ plaintiff has good prima facie case and likely
to succeed in it.
3. That the balance of convenience also lies in favour of the
applicant/plaintiff.
4. That the applicant / plaintiff shall suffer irreparable loss, if the stay
order has not been granted.
PRAYER

It is therefore, respectfully prayed that ad-interim injunction restraining

the defendants from transferring the plot No. __, measuring 250 Sq
Yards, situated at St No. __ Category General Phase V, Bahria Town,
Rawalpindi to any person except the plaintiff and the defendants may
also be restrained not to transfer the suit land while making collusion
with each others to any person except the plaintiff may kindly be passed
in favor of the plaintiff against the defendants, till the final disposal of
the main suit, in the interest of justice.

Petitioner
 Through

    Counsel

  Advocate High Court

IN THE COURT OF SENIOR CIVIL JUDGE, RAWALPINDI.

In the matter of:

ASR        …Plaintiff

Versus

Mst. TA etc        …Defendants

SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT AND

PERMANENT INJUNCTION.

APPLICATION UNDER ORDER 39 RULES 1 & 2 OF CPC READ WITH

SECTION 151 C.P.C

Affidavit

That I, ASR son of AGR resident of H. No.__, Block No.__, __Road near
__Bridge, Tehsil and District Rawalpindi do solemnly affirm and declare
that the contents of above application are true and correct to the best
of my knowledge and belief and nothing material has been concealed
therefrom.

             Deponent

Verified on oath that the deposition is true and correct to the best of my
knowledge and belief and nothing material has been concealed
therefrom.

                                   Deponent
 Limitation Act, 1963

PART II - Suits relating to Contracts

PERIOD OF TIME FROM WHICH PEROID BEGINS
SL.NO. DESCRIPTION OF SUIT
LIMITATION TO RUN
The end of the voyage during which
6. For a seaman's wages Three years
the wages are earned.
For wages in the case of any other
7. Three years When the wages accrue due.
person.
For the price of food or drink sold by the
8. keeper of a hotel, tavern or lodging Three years When the food or drink is delivered
house.
9. For the price of lodging Three years When the price becomes payable .
Against a carrier for compensation for
10. non-delivery of or delay in delivering Three years When the loss or injury occurs.
goods.
Against a carrier for compensation for
11. Three years When the goods ought to be delivered.
losing or injuring goods.
For the hire of animals, vehicles, boats or
12. Three years When the hire becomes payable.
household furniture.
For the balance of money advance in
13. Three years When the goods ought to be delivered.
payment of goods to be delivered.
For the price of goods sold and delivered
14. when no fixed period of credit is agreed Three years The date of delivery of the goods.
upon.
For the price of goods sold and delivered
15. to be paid for after the expiry of a fixed Three years When the period of credit expires.
period of credit.
For the price of goods sold and delivered
When the period of the proposed bill
16. to be paid for by a bill of exchange, no Three years
elapses.
such bill being given.
For the price of trees or growing crops
sold by the plaintiff to the defendant
17. Three years The date of the sale.
where not fixed period of credit is agreed
upon.
For the price of work done by the plaintiff
18. for the defendant at his request, where no Three years When the work is done.
time has been fixed for payment.
19. For money payable for money lent. Three years When the loan is made.
 Like suit when the lender has given a
20. Three years When the cheque is paid.
cheque for the money.
For money lent under an agreement that it
21. Three years When the loan is made.
shall be payable on demand.
For money deposited under an agreement
that it shall be payable on demanded,
22. Three years When the demand is made.
including money of a customer in the
hands of his banker so payable.
For money payable by the defendant to
23. he plaintiff for money received by the Three years When the money is paid.
defendant, for the plaintiff's use.
For money payable to the plaintiff for
24. Three years When the money is received.
money paid for the defendant.
For money payable for interest upon
25. money due from the defendant to the Three years When the interest becomes due.
plaintiff.
When the accounts are stated in writing
signed by the defendant or his agent
For money payable to the plaintiff for
duly Authorized in this behalf, unless
money found to be due from the
26. Three years where the debt is, by a simultaneous
fedendant to the plaintiff on accounts
agreement in writing signed as
stated between them
aforesaid made payment at a future
time, and then when that time arrives.
For compensation for breach of a promise
When the time specified arrives or the
27. to do anything at a specified time, or upon Three years
contingency happens.
the happening of a specified contingency.
On a single bond where a day is specified
28. Three years The day so specified.
for payment
On a single bond, where no such day is
29. Three years The date of executing the bond.
specified.
30. On a bond subject to a condition Three years When the condition is broken.
On a bill of exchange or promissory-note
31. Three years When the bill or note falls due.
payable at a fixed time after date.
On a bill of exchange payable at sight, or
32. Three years When the bill is presented.
after sight but not at a fixed time.
On a bill of exchange accepted payable at
33. Three years When the bill is presented at that place.
a particular place.
On a bill of exchange or promissory-note
34. payable at a fixed time after sight or after Three years When the fixed time expires.
demand.
On a bill of exchange or promissory note
payable on demand and not accompanied
35. Three years The date of the bill or note.
by any writing restraining or postponing
the right to sue.
The expiration of the first term of
On a promissory-note or bond payable by payment as to the part then payable;
36. Three years
installments. and for the other parts, the expiration
of the respective terms of payment.
When the default is made unless where
On a promissory-note or bond payable by
the payee or obligee waives the benefit
installments which provides that, if default
37. Three years of the provision and then when fresh
be made in payment of one or more
default is made in respect of which
installments, the whole shall be due.
there is no such waiver.
On a promissory-note given by the maker
to a third person to be delivered to the
38. Three years The date of the delivery to the payee.
payee after a certain event should
happen.
On a dishonored foreign bill where protest
39. Three years When the notice is given.
have been made and notice given.
By the payee against the drawer of a bill
40. of exchange, which has been dishonored Three years The date of refusal to accept.
by non-acceptance.
41. By the acceptor of an accommodation-bill Three years When the acceptor pays.
 against the drawer.
42. By a surety against the principal debtor.
43. By a survey against a crusty.
(a)On a policy of insurance when the sum
insured is payable after proof of the death
44.
has been given to or received by the
insurers.
On a policy of insurance when the sum
insured is payable after proof of the loss
44. (b)
has been given to or received by the
insurers.
By the assured to recover preemie paid
45. under a policy violable at the election of
the insurers.
Under the Indian Succession Act,1925
(39 of 1925), section 360 of Sec. 361, to
46. compel a refund by a person to whom an Three years
executor or administrator has paid a
legacy or distributed assets.
For money paid upon on existing
47.
consideration which afterwards fails.
For contribution by a party who has paid
the whole or more then his share of the
amount due under a joined decree, or by
48. a sharer in a joint estate who has paid the Three years
whole or more than his share of the
amount of revenue due from himself and
his co-sharers.
By a co-trustee to enforce against the
49. estate of a deceased trustee a claim for
contribution.
By the manager of joint estate of an
undivided family for contribution, in
50.
respect of payment made by him on
account of the estate.
For the profits of immovable property
51. belonging to the plaintiff which have been Three years
wrongfully received by the defendant.
52. For arrears of rent.
By a vendor of immovable property for
53. personal payment of up-paid purchase
money.
54. For specific performance of a contract.
For compensation for the breach of any
55. contract, express or implied, not herein
specially provided for.
Three years When the surety pays the creditor.
When the surety pays anything in
Three years
excess of his own share.
The date of the death of the deceased,
or where the claim on the policy is
Three years
denied, either partly or wholly, the date
of such denial.
The date of the occurrence causing the
loss, or where the claim on the policy is
Three years
denied either partly or wholly, the date
of such denial.
When the insurers elect to avoid the
Three years
policy.
The date of the payment or distribution.
Three years The date of failure.
The date of the payment in excess of
the plaintiff's own share.
Three years When the right to contribution accrues.
Three years The date of the payment.
When the profits are received.
Three years When the arrears become due.
The time fixed for completing the sale,
or (where the title is accepted after the
Three years
time fixed for completion) the date of
the acceptance.
The date of fixed for the performance,
or, if no such date is fixed, when the
Three years
plaintiff has notice that performance is
refused.
When the contract is broken or (where
there are successive breaches) when
Three years the breach in respect of which the suit
is instituted occurs or (where the
breach is continuing) when it ceases.