Draft Templates: Application for Quashment under Section 561A CrPC & Criminal Revision Petition under Section 439 CrPC

Below are the complete, ready-to-use draft templates for Quashment of Criminal Proceedings (Section 561A CrPC) and Criminal Revision (Section 439 CrPC) before the High Court Division of the Supreme Court of Bangladesh, structured for publication on law.gurukul.edu.bd.

STATUTORY OVERVIEW & CHECKLIST

1. Section 561A CrPC (Inherent Powers for Quashment):
   • Forum: Exclusively filed before the High Court Division of the Supreme Court of Bangladesh.
   • Grounds: To prevent abuse of the process of any court, or otherwise to secure the ends of justice (e.g., civil dispute maliciously given a criminal colour, no prima facie case disclosed in FIR/charge-sheet, or barred by law).
   • Stage: Can be filed after the filing of FIR, framing of charge, or filing of a C.R. complaint.
2. Section 439 read with Section 435 CrPC (Criminal Revision):
   • Forum: High Court Division (or Sessions Judge Court under Section 439A against Magistrate orders).
   • Grounds: To test the legality, propriety, or correctness of any order, judgment, or sentence passed by a subordinate criminal court.
   • Limitation: Generally filed within 60 to 90 days from the date of the impugned order.

TEMPLATE 1: APPLICATION FOR QUASHMENT UNDER SECTION 561A CrPC

HIGH COURT DIVISION

(CRIMINAL MISCELLANEOUS JURISDICTION)

CRIMINAL MISCELLANEOUS CASE NO. ________ OF 20____

IN THE MATTER OF:

An application under Section 561A of the Code of Criminal Procedure, 1898 for quashment of the proceedings.

AND

IN THE MATTER OF:

[Full Name of Petitioner/Accused]

Son/Daughter/Wife of: [Father’s/Husband’s Name]

Address: [Full Present & Permanent Address]

…… Petitioner (Accused in lower court)

—VERSUS—

1. The State, represented by the Deputy Commissioner, [District Name]……. Opposite Party No. 1
2. [Full Name of Complainant/Informant]Son/Daughter/Wife of: [Father’s/Husband’s Name]

   Address: [Full Present Address]

   …… Opposite Party No. 2 (Complainant)

1. That the Petitioner is a permanent resident and law-abiding citizen of Bangladesh. The Petitioner has been falsely implicated in [G.R. Case No. _____ / C.R. Case No. _____] currently pending before the learned [Name of Trial Court, e.g., Chief Metropolitan Magistrate Court, Dhaka].
2. [FACTS OF THE CASE]:That Opposite Party No. 2 lodged an FIR/Complaint on [Date] alleging offences under Sections [e.g., 406/420/506 of the Penal Code] against the Petitioner, alleging inter alia that [brief summary of the false allegations made in the FIR/complaint].
3. [PROCEDURAL HISTORY]:That police submitted Charge-Sheet No. [Number] dated [Date] (or the learned Magistrate took cognizance on [Date]), and the trial court subsequently framed charges against the Petitioner on [Date of Framing Charge].
4. That the allegations made in the FIR/Complaint, even if taken at their face value and accepted in their entirety, do not disclose any offence or prima facie case against the Petitioner.
5. That the dispute between the Petitioner and Opposite Party No. 2 is purely civil and contractual in nature arising out of [details of transaction/business], which has been maliciously given a criminal complexion solely to harass, humiliate, and extort the Petitioner.
6. That the continuation of the criminal proceeding against the Petitioner constitutes a gross abuse of the process of the court, and to secure the ends of justice, the entire proceeding ought to be quashed under Section 561A of the Code of Criminal Procedure, 1898.
7. That being aggrieved by and dissatisfied with the continuation of the proceedings in [Case No.] pending in the court of [Name of Trial Court], the Petitioner begs to move this Hon’ble Court on the following amongst other:

GROUNDS

I. FOR THAT the allegations in the FIR/Complaint fail to satisfy the basic ingredients of offences under Sections [e.g., 406/420 Penal Code], and taking cognizance thereon is bad in law.

II. FOR THAT the impugned proceeding is an outcome of personal grudge and malicious prosecution, converting a purely civil monetary/contractual dispute into a criminal case.

III. FOR THAT continuation of trial upon such baseless allegations would cause irreparable loss and injury to the Petitioner and amounts to a clear abuse of the process of court.

IV. FOR THAT there is no remote possibility of conviction of the Petitioner based on the materials on record, and as such, quashment is necessary to secure the ends of justice.

8. That no other application under Section 561A CrPC has been filed before this Hon’ble Court on the same facts and cause of action.
9. That the application is made bona fide and in the interest of justice.

PRAYER

Wherefore, it is most humbly prayed that your Lordships may graciously be pleased to:

a) Issue a Rule Nisi calling upon the Opposite Parties to show cause as to why the proceedings of [G.R. Case No. _____ / C.R. Case No. _____] now pending before the learned [Trial Court Name] should not be quashed;

b) Pending hearing of the Rule, stay all further proceedings of [G.R. Case No. _____ / C.R. Case No. _____];

c) Make the Rule absolute upon hearing the parties;

d) Pass such other or further order(s) as your Lordships may deem fit and proper.

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

AFFIDAVIT

I, [Name of Deponent], son of [Father’s Name], aged about [Age] years, by faith [Religion], by profession [Occupation], residing at [Address], National ID No: [NID Number], do hereby solemnly affirm and state as follows:

1. That I am the Petitioner / tadrobit (authorized agent) of the Petitioner in this case and fully acquainted with the facts and circumstances of the case.
2. That the statements made in paragraphs 1 to 9 above are true to the best of my knowledge and belief.

The statements made above are true to my knowledge and belief, in witness whereof I sign this affidavit on this the [Day] day of [Month], 20____ at the Supreme Court Premises, Dhaka.

Signature of the Deponent

Solemnly affirmed before me on this the _____ day of ______, 20.

Commissioner of Affidavits

Supreme Court of Bangladesh, High Court Division

TEMPLATE 2: CRIMINAL REVISION PETITION UNDER SECTION 439 CrPC

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(CRIMINAL REVISIONAL JURISDICTION)

CRIMINAL REVISION NO. ________ OF 20____

IN THE MATTER OF:

An application under Section 439 read with Section 435 of the Code of Criminal Procedure, 1898.

AND

IN THE MATTER OF:

An application challenging the legality, propriety, and correctness of the Order/Judgment dated [Date of Impugned Order] passed by the learned [Sessions Judge / Magistrate Court] in [Criminal Appeal No. _____ / Criminal Revision No. _____ / Case No. _____].

AND

IN THE MATTER OF:

[Full Name of Petitioner]

…… Petitioner (Accused/Convict)

—VERSUS—

1. The State…… Opposite Party No. 1
2. [Complainant Name]…… Opposite Party No. 2

TO:

THE HON’BLE CHIEF JUSTICE OF BANGLADESH AND HIS OTHER COMPANION JUSTICES OF THE SAID HON’BLE COURT.

The humble petition on behalf of the Petitioner above-named most respectfully—

SHEWETH:

1. That this application is directed against the impugned Order/Judgment dated [Date] passed by the learned [Sessions Judge, District], upholding the order of conviction/rejecting the discharge application in [Case Name & Number].
2. [BRIEF FACTS OF THE CASE]:[Concise statement of trial proceedings, evidence evaluated, and the order/judgment passed by the subordinate court].
3. That the learned court below committed a grave error of law and fact in failing to appreciate the material inconsistencies in the prosecution evidence, resulting in a severe miscarriage of justice.
4. That the impugned order/judgment suffers from illegality, impropriety, and procedural irregularity, rendering it liable to be set aside in exercise of the revisional jurisdiction of this Hon’ble Court.

GROUNDS

I. FOR THAT the learned subordinate court misconstrued statutory provisions and misread the evidence on record.

II. FOR THAT the findings of the court below are perverse, arbitrary, and unsupported by judicial evidence.

III. FOR THAT the impugned order has caused severe prejudice to the Petitioner and cannot be sustained in the eye of law.

PRAYER

It is, therefore, most humbly prayed that your Lordships may graciously be pleased to:

a) Call for the records of [Case No. _____] from the learned court below;

b) Issue a Rule Nisi calling upon the Opposite Parties to show cause as to why the impugned Order/Judgment dated [Date] should not be set aside;

c) Pending disposal of the Rule, stay the operation of the impugned order / grant ad-interim bail to the Petitioner;

d) Make the Rule absolute upon hearing and set aside the impugned order/judgment.

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

(Note: Criminal Revision Petitions filed in the High Court Division must also be accompanied by a sworn Affidavit formatted as shown in Template 1).