UNIVERSITY LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2022

UNIVERSITY LAW COLLEGE NATIONAL

MOOT COURT COMPETITON, 2022.
In the Honorable Supreme Court of the United States of Indus

(Jurisdiction under article 132 of the Constitution of the United States of Indus)

Criminal Appeal No(s).

ARAV SAHOO……..……………………… APPELANT

-VERSUS-

UNITED STATES OF INDUS………………….RESPONDENT

UPON SUBMISSION TO THE HON’BLE CHIEF JUSTICE AND HIS

COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF
UNITED STATES OF INDUS.

MEMORANDUM ON BEHALF OF APPELANT

 UNIVERSITY LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2022

TABLE OF CONTENTS

SL NO. PARTICULARS PAGE NO.

1. LIST OF ABBREVIATIONS
INDEX OF AUTHORITIES…
 BOOKS.
2.  STATUES.
 WEBLIOGRAPHY.
 CASES.
STATEMENTS OF
3.
JURICDICTIONS
4. STATEMENTS OF FACTS
5. STATEMENTS OF ISSUES
6. SUMMARY OF ARGUMENTS
7. ARGUMENTS ADVANCE
ISSUE I: -Whether the company
is strictly and absolutely liable to
8.
compensate Mrs. Danny?

ISSUE 2: -Whether the WHC has

jurisdiction for the writ petition
9. filed by petitioner of case 1 or
not?

ISSUE 3: -Whether there was any

violation of her Constitutional
10.
right?

ISSUE 4: -Whether the

cognizance taken by the learned
J.M.F.C u/s 304A and 336 against
11.
Jemmie and Theon shall be
quashed?

12. PRAYER
 UNIVERSITY LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2022

LIST OF ABBREVIATIONS

Sl. ABBREVIATIONS ACTUAL TERM

No.
1. Art. Article.
2. HC High Court.
3. SC Supreme Court.
4. Hon’ble Honorable.
5. Ltd. Limited.
6. V. Versus.
7. U.O. K Union of Kings Landings.
8. & And.
9. U/s Under Section.
10. Sec. Section.
11. Pvt. Private.
12. UNDRR United Nations Official For Disaster Risk
Reduction.
13. CM Chief minister.
14. KLMD King’s Landing Meteorological Department.
15. IPCWDL IP Control Winterfell Distribution Limited.
16. Co. Company.
17. S/O. Son of.
18. KMs. Kilometers.
19. W/O. Wife of.
20. ASO Assistant Section Officer.
21. WHS Winterfell High Court.
22. FIR First Information Report.
23. KPC Kings Landing Penal Code.
24. Asst. Assistant.
25. Cr.P.C Code of Criminal Procedure Code.
26. I.O Investigating Officer.
27. J.M.F.C Judicial Magistrate First Class.
28. DCDRC District Consumer Disputes Redressal
Commission.
29. H.O. D Head Of Department.
30. EXEC. EXECUTIVE.
31. P. I Police Inspector.

INDEX OF AUTHORITIES
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MEMORANDUM ON BEHALF OF PETITIONER
 UNIVERSITY LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2022

I. BOOKS REFERRED: -

Sl. Name of The Books

No.
1. The Indian Penal code by Ratanlal & Dhirajlal.
2. Penal law of India by H.S. Gaur.

3. Indian Penal Code by Prof. S.N. Mishra.

4. Indian Penal Code by R.N. Saxena.

5. Textbook on Indian Penal Code by K.D Gaur.

6. PSA Pillai's Criminal Law by V.L Vibhute.
7. Code of Criminal Procedure by Ratanlal & Dhirajlal (St. Edu).
8. Code of Criminal Procedure by D.D Basu.

9. Code of Criminal Procedure by S.S Sarkar.

10. Code of Criminal Procedure by Prof. S.N. Mishra.

11. Code of Criminal Procedure by R.V Kelkar.
12. Code of Criminal Procedure by R.N Saxena.
13. Bryan A. Garner, Black Law Dictionary.
14. The Tort Law of India by Ratanlal and Dhirajlal.
15. Law of Torts by Dr. R.K Bangia.

II. STATUTES: -

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MEMORANDUM ON BEHALF OF PETITIONER
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Sl. List of Statutes

No.
1. Indian Penal Code 1860.

2. India Evidence Act 1872.

3. Code Of Criminal Procedure 1973.

4. The Constitution of India 1950.

5. Law of Torts.

6. The Electricity Act,2003.

III. WEBLIOGRAPHY: -

Sl. Website
No.
1. www.indiankanoon.org
2. www.scconline.co.in
3. www.heinonline.org
4. www.westlaw.com

IV. CASES REFERRED: -

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MEMORANDUM ON BEHALF OF PETITIONER
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1. Gittan Ram v. State of J & K AIR 2013 J & K 83

2. National Telephone Co.v.Baker,(1893) 2 Ch. 186
3. .RYLANDS V. FLETCHER (1866) L.R. 1 Ex. 265,280
4. RICHARD V. LOTHIAN 1913 A.C. 263
5. S.K.  Shangrung Lamkang  v. State of Manipur AIR 2008 S.C 46
6. M.P.   Electricity Board    v.   Shail  Kumar AIR 2002 S.C. 551
7. Tamil Nadu Electricity Board v. Sumathi and others
8. S.D.O,Grid Corporation of Odisha Ltd. V. Timudu Oram
9. State of Rajasthan v. Vidhyawati 1962 AIR 933 1962 SCR Supl(2) 989
10. Joginder Kaur v. Punjab 10State reported in 1969 ACJ 28 (P & H)
11. M.C. Mehta v. Union of India11 reported in A.I.R. 1987, S.C. 1086
12. . Nilabati Behera v. State of Orissa9, reported in (1993) 2 SCC 746
13. . K.N. Raveendranadhan vs The Kerala State Electricity Board
14. Shri Kehar Singh vs Govt. Of Nct of Delhi & Anr on 25 August, 2021
15. Bir Singh And Others vs State Of Haryana on 3 May, 2011
16. Padma Behari Lal vs Orissa State Electricity Board II (1992) ACC 440, 1992 ACJ 554,
AIR 1992 Ori 68
17. Ananda Chandra Behera vs Chairman, Orissa State ... on 5 November, 1996
18. Jagir Singhv.State of Haryana
19. Ananda Chandra Behera vs Chairman, Orissa State 1 (1998) ACC 346
20. Lilly Stanislaus vs The Chairman on 11 February, 200

STATEMENTS OF JURICDICTIONS

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MEMORANDUM ON BEHALF OF PETITIONER
 UNIVERSITY LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2022

The appellant in the instant case has invoked the jurisdiction of Hon’ble Supreme Court of
United States of Indus, under article 136 of constitution of United States of Indus.

Article 136- Special leave to appeal by the Supreme Court

1. Notwithstanding anything in this Chapter, the Supreme Court may, in its

discretion, grant special leave to appeal from any judgment, decree,
determination, sentence or order in any cause or matter passed or made by any
court or tribunal in the territory of India
2. Nothing in clause ( 1 ) shall apply to any judgment, determination, sentence or
order passed or made by any court or tribunal constituted by or under any law
relating to the Armed Forces

STATEMENT OF FACTS
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MEMORANDUM ON BEHALF OF PETITIONER
 UNIVERSITY LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2022

The union of “kings landing “is one of the disaster- prone countries. “Winterfell” is one of
the states of “kings landing” located in the Eastern part of it. IPCWDL hereinafter referred to
as “Company “is a joint venture between Iron Power and the Government of Winterfell. It
supplies electricity to 13 districts of Winterfell.

MAIN FACTS

1. On 23rd June 2021, “Night king” a tropical cyclone hit Eastern Kings Landing. It
was strongest cyclone to hit “Kings landing “with powerful winds reaching 140 km/h
blew off the houses, uprooted trees, and damaged power lines.

2. In the aftermath of Cyclone “Night King”, the electricity supply was cut off for 7
days. All the faults were duly checked, inspected and repaired by technicians of
IPCWDL and thereafter electricity supply was restored.

3. On 20th July 2021,” John Snow” ASO in WHC, Citadel aged 42 yrs along with his
son “Dragon” aged 14 yrs, residents of Night Watch (district in Winterfell), was
returning home when heavy rainfall started. A live power line wire directly fell on
the head of John and he fell down. His son, who tried to pull him out was also
electrocuted and fell down at the spot. Both of them in an unconscious state were
taken to nearest hospital at Citadel, where the Doctor declared both of them to be
already dead. Post mortem was conducted and the cause of death of both was found
to be,” Electrocution”.

4. The Hon’ble CM directed ex gratia payment of Rs 1,50,000/- to be paid to” Danny”

aged 38yrs w/o John. She is a home maker and now has a school going daughter
aged 7yrs.After 2 days of death she filed a case against IPCWDL u/s 304A of KP

THE CHRONOLOGICAL DEVELOPMENT OF THE CASE –

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MEMORANDUM ON BEHALF OF PETITIONER
 UNIVERSITY LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2022

 Firstly: The local police registered the FIR u/s 304A of KPC against IPCWDL and
two persons namely Jemmie aged 58yrs and Theon aged 55yrs (exec. Engineer and
Asst. Exec. Engineer) who were on duty on that day. The inquest reports were
prepared by PI that they died due to Electrocution.

 Secondly: Statements of witnesses were recorded by the IO. Tyrion (ocular witness)
made a statement u/s 161 of Cr.P.C that he has seen that on 20th July 2021 at about
4PM the deceased head was touched with a hanging wire, and suddenly he fell down
on the ground. After that his son started pulling him as a result of which he also fell
down on the ground Thereafter, Tyrion along with co-villagers took them to a nearby
hospital where the doctor declared them already dead.

 Thirdly: The investigation was carried out and a chargesheet was filed against
Jemmie and Theon u/s 304A and 336 of KPC. The J.M.F.C of Night Watch took
cognizance under sec. 304A and 336 against Jemmie and Theon.

 Fourthly: On 26th August 2021, Danny claimed 20 lakhs as compensation against

the company before DCDRC. However, she withdrew the same to file the case before
the Civil Court.

 Fifthly: On 25th September, around 6:00 PM, electricity was cut off from Danny’s
house. Thereafter she went to the IPCWDL office. There she was provided with
appropriate documents which showed that John had not paid bill amounting to Rs.
15,000/- for last 5 months so, electricity cannot be restored unless the arrears are
cleared. After that Danny told him that John’s brother, Archer succumbed to COVID-
19 and the hospital bill was completely borne by John which finished his savings,
then she prayed for a mutual settlement and assured to pay the arrears through
installments and requested for reconnection of electricity. Although the official gave
consent to the proposal, however, IPCWDL did not restore the connection.
 Sixthly: On 5th October 2021, Danny approached Hon’ble WHC by filing a writ
petition and claimed Rs40 lakhs as compensation on ground of negligence done by

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MEMORANDUM ON BEHALF OF PETITIONER
 UNIVERSITY LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2022

the company, in the same petition she also prayed for a direction to the IPCWDL to
restore the electricity connection.

 Seventhly: Meanwhile Jemmie and Theon jointly filed a petition before the Hon’ble
WHC to quash the cognizance order of the learned J.M.F.C. The Hon’ble HC has
clubbed both the matters and listed them for hearing on 31.10.2021.

STATEMENT OF ISSUES
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MEMORANDUM ON BEHALF OF PETITIONER
 UNIVERSITY LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2022

 ISSUE I: -
Whether the jurisdiction invoked is maintainable or not?

 ISSUE 2: -
Whether the charges raised are valid nor not?

 ISSUE 3: -
Whether the conviction made by the learned Session Court and High Court are
maintainable or not?

SUMMARY OF ARGUMENTS

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MEMORANDUM ON BEHALF OF PETITIONER
 UNIVERSITY LAW COLLEGE NATIONAL MOOT COURT COMPETITION, 2022

ARGUMENTS ADVANCED

Prayer
Therefore, in the lights of the facts stated, issues raised authorities sited and arguments
advanced, it is humbly prayed before the honorable court that it may be pleased to adjudge
and declare:

1.

All of which are respect to be submitted, and for the act for this kindness the petitioner of the
first case and the respondent of the second case as in dutybound shall ever pray.

Place: Sd/-_____________

Date: 31st October,2021 COUNSELS ON BEHALF OF

THE PETITIONER OF THE

FIRST CASE &

RESPONDENT OF THE

SECOND CASE

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MEMORANDUM ON BEHALF OF PETITIONER