Thursday, June 21, 2012

Application U/S. 345 (2) Cr.P.C

IN THE COURT OF IV Th. JUDICIAL MAGISTRATE AT KARACHI CENTRAL

Cr. Case No. /12

Abdul …………………..…………………… APPLICANT

VERSUS

The STATE ………………………………. RESPONDENT

FIR No. 119/11

U/S. 489-F PPC.

P.S. Yousuf Plaza

APPLICATION U/S. 345(2) CR.P.C.

It is respectfully, submitted that the above matter has been patched up between the parties and the complainant has pardoned the accused in the true spirit of Islam. The compromise arrived at due to intervention of common friend and respectable persons of locality, therefore, it is prayed that permission to enter in to compromise may please be accorded to the parties in the interest of justice.

Karachi.

Dated:

____________________ ___________________

Complainant Accused

S M ZIBAIR

Advocate for the Accused

Application U/S 345 (6) Cr.P.C

IN THE COURT OF IV Th. JUDICIAL MAGISTRATE AT KARACHI CENTRAL

Cr. Case No. /12

Abdul …………………..…………………… APPLICANT

VERSUS

The STATE ………………………………. RESPONDENT

FIR No. 119/11

U/S. 489-F PPC.

P.S. Yousuf Plaza

APPLICATION U/S. 345(6) CR.P.C.

It is respectfully, submitted that the above matter has been settled/compromised/patched up in between the parties already, complainant has been pardoned the accused in the true spirit of Islam. The compromise arrived at due to intervention of common friend and respectable persons of locality, it is further submitted that the offence is compoundable but with the permission of this Hon’ble Court and now there remains no ill-will between the parties.

Therefore, it is prayed that this Hon’ble Court may be pleased to accept and accused be acquitted in the interest of justice.

Karachi.

Dated:

____________________ ___________________

Complainant Accused

S M ZIBAIR

Advocate for the Accused

Wednesday, June 20, 2012

General Power Of Attorney

IRREVOCABLE GENERAL POWER OF ATTORNEY

BY THIS IRREVOCABLE GENERAL POWER OF ATTORNEY signed and executed at Karachi, on this 20 day of March 2001, I ________________ son of _____________________ Holding C.N.I.C. No. _____________________ Muslim, adult resident of __________________________________________ Karachi do here by nominate/ appoint Mr. ___________________ son of ________________ Muslim adult resident of ___________________________________ Holding C.N.I.C. _______________________ as my true and lawful attorney for me and on my behalf in all matters generally and particularly in respect of my Civil Suit of Pr- emption field by me in the Court of learned Civil Judge at Daska ,District Sialkot against Rafiq and Others:

1. To representative me in the aforesaid Civil Suit and sign all documents required to be signed by me as Plaintiff and also appoint Advocate ( in its discretion and cancel the Vakalatnama if he deems fit and necessary of advocated appointed by him or by me.

2. To call in questions before the superior courts ,District Judge Concerned including High Court Lahore all interlocutory/final order (S), Judgments and Decree etc passed either by lower Court or District and Additional District Judge Sialkot regarding the proceeding of my aforesaid Civil Suit..

3. To appear and act for me and on my behalf in all Courts including High Court of Lahore/District and Additional District Judge Having Jurisdiction for the matter and sign all documents including Vakalatnama etc;

4. To institute suits and other proceedings of what so nature in all courts and to make representations before any Government or Semi-Government, Authority or local body or local Authority Revenue etc.

5. To sign and verify plaints, written statements petitions, applications, objections, claims, revisions Affidavits and Counter-Affidavits, re-Joinder, representations, appeals, receipts, discharges and all other kinds of applications, petitions and representations and to file and prosecute the same in such Courts and offices and also to defend all such actions relating and/or pertaining to my immovable property;

6. To do all things which are required to be done by me in respect of property regarding subject matter of the afro said suit.

7. To let out my immovable property on rental basis to any body and at any rate which my said Attorney may decide in hid sole and absolute discretion;

8. To file and receive documents, to deposit, withdraw and receive money and to grant receipts therefore so as to give valid discharge relating an/or pertaining to my immovable property;

9. To obtain lease, licence and to take possession of my immovable property and /or to deliver the possession thereof;

10. To obtain refund of stamp fee duty or payment of Court Fee relating and/or pertaining to my immovable property;

11. To surrender or exchange my immovable property in favor of any person and for such consideration as my said Attorney may decide in his absolute discretion;

12. To appear on my behalf in all Courts of Law and further to depose on my behalf all the facts relating to immovable property and further to produce all the relevant documents in such Courts on my behalf relating and/or pertaining to my immovable property.

13. To produce witnesses in the Courts of Law on my behalf in connection with my immovable property and further to get them examined on my behalf in such Courts in connection with my immovable property or in connection with any other cause of action or defence arising therefrom; and relating my family matters.

And GENERALLY to perform and execute all the lawful acts, deeds and things which my said Attorney may deem fit for the due and proper exercise of my rights and due and proper discharge of my obligations in connection with my immovable property and appoint any person to be sub-attorney.

IN WITNESSES WHEREOF I HAVE SET AND SUBSCRIBE MY RESPECTIVE HANDS TO THE EXECUTION OF THIS IRREVOCABLE GENERAL POWER OF ATTORNEY IN PRESENCE OF THE FOLLOWING TWO WITNESSES ON THE DAY, MONTH AND THE YEAR FIRST ABOVE-MENTIONED.

WITNESSES EXECUTANT______________

1._______________

________________

2. ______________

________________

Specimen signature of the attorney

Drafted by:

S M ZUBAIR
Advocate.

WRITTEN ARGUMENTS FOR CRIMINAL TRIAL

IN THE COURT OF JUDICIAL MAGISTRATE V KARACHI CENTRAL

Cr. Case No. /04

STATE VERSUS Muhammad Siddique

WRITTEN ARGUMENTS

It is respectfully submitted on behalf of the abovenamed accused/Applicant that this Hon’ble Court may be pleased to acquit him in consideration of the following facts and grounds: -

BRIEF FACTS

As per an FIR, the Complainant, Muzaffar Ali, H.C, alongwith P.C, Liaqat Ali, was on patrolling to stop & check crime, at 0130 hrs. reached at Qalandria Chowk, then saw two persons, at mid of the road, walking in zig zag, checked them, they seemed in state of drinking, they told their names (1) Tanveer Ahmed (2) M. Siddique, they were produced before SI, Inam Haider who sent them to Abbasi Shaheed Hospital for medical check up.

It is submitted that prosecution submitted the Charge-Sheet on 19-5-2003, charged was framed on 18-7-2003, but the accused did not plead guilty and claimed for trial and four witnesses were examined

Muzaffar Ali P.W-1 Exh.#7 H.C/Complainant

Stated in FIR that “at 0130 hrs. on 4.5.2003, two persons, at mid of the road, were walking in zig zag, on checking they were seemed in state of drinking.”

Stated in Examination-in-Chief “We saw two persons were fighting each others and lying on ground.” “thereafter we taken accused persons to police station as we found smell of alcohal from their mouth”

stated in Cross-Examination that “Four taxi drivers were found present at Qalandria Chowk (Place of incident), I did not call those taxi drivers to be witnesses. We reached at hospital at about 3-00 or 3-30 a.m. we arrive back at P.S. at about 4-30 a.m.”

to the COURT

stated that “I did not state any contents of FIR to SI Inam Hyder but he himself written FIR.We taken both persons to MLO Hospital from P.S. after handcuffing both persons. Both were under handcuffs when MLO examied them at hospital.”

Liaqat Ali P.W-02 Exh. #4

Stated in Examination-in-Chief that “We saw two persons making noises, we stopped them & at inquire them they disclosed their names. We found them under the influence of alkohal.”

In Cross-Examination he stated that “we saw accused while walking zig zag and persons standing there also informed us about nature of accused & told us for checking about, 10/12 person gathered at place of first arrest of accused. We did not ask those private persons to be witnesse”

“we departed from P.S to go to hospital at 2.30 a.m, I was sitting in mobile when accused were examined by MLO. HC Muzaffar was also sitting in mobile. We stayed at hospital for about one and half hour. We left hospital for P.S. at about 3.45 a.m, the distance in between P.S & hospital may be 5 kms. We arrived at P.S. from hospital at 4-30 a.m.”

To Court

“We did not handcuff accused persons. When we were going to hospital from P.S.

Inam Haider P.W- Exh.#7

In Cross-Examination he stated that “Their clothes were dirty. It was 1-45 hrs. when I sent the accused persons to hospital.”

Dr. Aqeel S. Khandwala P.W- Exh.#6

Satted in Examination-in-Chief that “On 4-5-2003 I was posted at Abbasi Shaheed Hospital as MLO. On same night at about 4-25 a.m. ASI Ahmed Hussain produced two accused persons. I taken his blood samples & sealed in syringe & handed over same to ASI Ahmed for Chemical analysis”

In Cross-Examination stated that “Accused wearings were normal. I did not make any person as witness of sealing blood. I sealed blood samples in room by myself. The blood sample were sealed by peon. Accused were taken back at about 5-00 or 5-15 a.m. I did not take stomach contents of accused.”

GROUNDS

1. That the Applicant is quite innocent and this case is false and fabricated by the police officials and police subordinate due to enmity.

2. That the Applicant is a poor person and belongs to respectable family and the alleged allegation is foisted one by the police officials, actually no offence was committed by the said accused person, and there is inconsistent statement by the P.W-1 as

Muzaffar Ali P.W-1 Exh.#7 H.C/Complainant

Stated in FIR that “at 0130 hrs. on 4.5.2003, two persons, at mid of the road, were walking in zig zag, on checking they were seemed in state of drinking.”

Stated in Examination-in-Chief “We saw two persons were fighting each others and lying on ground” While he did not disclosed that the two persons in state of drinking at that spot “thereafter we taken accused persons to police station as we found smell of alcohal from their mouth”

While he did not disclosed that the two persons were in state of drinking or under influence of alcohol at that spot, and he further disclosed to the COURT that

“I did not state any contents of FIR to SI Inam Hyder but he himself written FIR”

3. That there is a violation of mandatory provisions of Section 103 Cr.PC while the place of occurrence is well /thikly populated area of the vicinity, witnesses are not resident of the locality but the subordinates who are interested witnesses inter se. as

Muzaffar Ali P.W-1 Exh.#7 H.C/Complainant

stated in Cross-Examination that “Four taxi drivers were found present at Qalandria Chowk (Place of incident), I did not call those taxi drivers to be witnesses”

Liaqat Ali P.W-2, Exh. #4

In Cross-Examination he stated that “About, 10/12 person gathered at place of first arrest of accused. We did not ask those private persons to be witnesse”

4. That there are a lot of contradictions in the statements of P.Ws. as Muzaffar Ali P.W-1 Exh.#7 H.C/Complainant

stated in Cross-Examination that “We reached at hospital at about 3-00 or 3-30 a.m. we arrive back at P.S. at about 4-30 a.m.”

to the COURT

Liaqat Ali P.W-2, Exh. #4 In Cross-Examination he stated that “We departed from P.S to go to hospital at 2.30 a.m, I was sitting in mobile when accused were examined by MLO. HC Muzaffar was also sitting in mobile. We stayed at hospital for about one and half hour. We left hospital for P.S. at about 3.45 a.m, the distance in between P.S & hospital may be 5 kms. We arrived at P.S. from hospital at 4-30 a.m.”

to the COURT

stated that “We did not handcuff accused persons. When we were going to hospital from P.S.

Inam Haider P.W- Exh.#7

In Cross-Examination he stated that “Their clothes were dirty. It was 1-45 hrs. when I sent the accused persons to hospital.”

Dr. Aqeel S. Khandwala P.W- Exh.#6

In Cross-Examination stated that “On 4-5-2003 I was posted at Abbasi Shaheed Hospital as MLO. On same night at about 4-25 a.m. Accused wearings were normal. I did not make any person as witness of sealing blood. I sealed blood samples in room by myself. The blood sample were sealed by peon. Accused were taken back at about 5-00 or 5-15 a.m. I did not take stomach contents of accused.”

5. That when blood of accused was no witness was made and the MLO stated the blood sample was sealed by peon then how it can be relied upon that the blood sample was of the same accused persons and MLO did not take stomach contents of accused

6. That prosecution has failed to support the case by contradictions in the prosecution evidence but the accused has proved his version and corroborated by the evidence produced by the prosecution.

7. That the witnesses produced by the prosecution are fit under Tazkia-tul-Shahood.

8. That applicant is not a previous convicted nor a hardened criminal and neither he tempered with P.Ws nor he absconded,

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to acquit him, under the circumstance and facts mention above, in the interest of Justice.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: - ---/---/04 (SM ZUBAIR)

AVOCATE for the Accused

APPLICATION TO EXEMPT FILLING CERTIFIED FIR

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI CENTRAL

B.B.A. No._______/12

Abdul GHANI …………………… APPLICANT

VERSUS

The STATE ………………………………. RESPONDENT

APPLICATION TO EXEMPT FILLING CERTIFIED FIR

On behalf of the Applicant, it is respectfully submitted that due to the circumstances beyond the control of the Applicant, he was not able to file certified copy of FIR at the time of filling the Bail Before Application, therefore, this Hon’ble Court may be pleased to condone/exempt the Applicant from filling certified copy of FIR due to paucity of time.

Prayer is made in the greater interest of justice and equity.

Karachi.

Dated:11/06/2012.

S M ZUBAIR

Advocate for the Applicant

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI CENTRAL

B.B.A. No._______/12

Abdul GHANI …………………… APPLICANT

VERSUS

The STATE ………………………………. RESPONDENT

AFFIDAVIT

I, Abdul GHANI Son of Abdul Sattar, Muslim, adult, R/o. inside Nairang Market, liaqatabad, Karachi, do hereby state as under: -

1. That I am The Applicant/Deponent of this affidavit and as such am fully conversant with the facts of the matter deposed herein.

2. That the accompanying application has been drafted and filed under my express instructions and the same may be treated as part and parcel of this affidavit, the contents of the accompanied application has not been reiterated for the sake of brevity.

3. That unless the accompanying application is not allowed I shall suffer irreparable loss, which cannot be measured monetarily.

4. That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.

Dated: 11/06/12.

DEPONENT

CNIC #. ___________________________

The Deponent identified by me.

S M ZUBAIR

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

Bail Before Arrest

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI CENTRAL

B.B.A. No. /12

Abdul GHANI

Son of Abdul Sattar, Muslim, adult,

R/o. House/Flat #,

inside Nairang Market,

liaqatabad,

Karachi. …………………..…………………… APPLICANT

VERSUS

The STATE ………………………………. RESPONDENT

FIR No. 37/10

U/S. 489-F PPC

P.S. Sharifabad

THIS IS FIRST BAIL

BEFORE APPLICATION

BAIL BEFORE ARREST APPLICATION

U/S. 498 CRPC

It is respectfully submitted on behalf of the above named accused/Applicant that this Hon’ble Court may be pleased to enlarge him on bail in consideration of the following facts and grounds: -

BRIEF FACTS

As per an FIR, the Complainant, Shakir Hussain stated:

“I reside, at above mentioned address, run business of Scrape. About 1,1/2 years before, I gave Srape Plastic valued of Rs.5,27,417/= to a person namely Riaz Ahmad, when I demanded the said amount, he escaped to do so on one pretext to the other then he gave a cheque bearing No. 5377633 dated 21/06/09 of valued of amount 25000/=, when I produced the said cheque to encash then the related Bank refused/dishonored being bounce cheque. Hence this report.”

GROUNDS

1. That the Applicant is quite innocent and story in this case is false and fabricated by the complainant on instance of I.O of the case to humiliate and unjustified harassment the Applicant in the eyes of society, and there is apprehension to be arrested by the said I.O for the ulterior motives.

2. That the Applicant is a business man and belongs to respectable family this case has been made mala fidely for just to harass and humiliate in eyes of the society, as there is an abnormal unexplained delay of more than 1 years, one months (13 months) and 10 days in lodging the FIR which shows that the story is manipulated and well conceived for the ulterior motives..

3. That abnormal unexplained delay of more than 1 year, one month (13 months) and 10 days in lodging the FIR, in the circumstances hence this case has become further inquiry.

3-A. That the Main accused has been acquitted in this Case by Learned Trial Court.

4. That the allegation leveled in the FIR is Civil nature case, while no Copy of the said cheque has been annexed with FIR.

5. That from perusal of the contents of FIR it is very clear that the complainant has concocted a story, , and no prima facie case is made out under Section 506-B/34 PPC which has been registered under the instructions of TPO without taking into consideration and applying his mind on the contents of the complaint.

6. That the present crime is not punishable with 10 years or R.I or more, hence it does no fall within ambit of prohibitory clause of section 497 Cr.PC.

7. That the applicant is not a previous convicted nor a hardened criminal and neither he will temper with P.Ws nor he will abscond and he will join the prosecution for investigation, as he is permanent resident of Karachi.

8. That if the accused/applicant is not released on bail he will not be able to defend him properly and he shall be suffered irreparable loss which cannot be measured monetarily and will be humiliated in the eyes of the society.

9. That the applicant/accused is ready to furnish solvent surety to the entire satisfaction of this Hon’ble Court.

10. That other ground may be argued at the time of hearing of this bail application.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to grant him bail before arrest under the fact and circumstances mentioned above.

Prayed accordingly in the interest of Justice.

Karachi.

Dated: 11/06/12.

S M ZUBAIR

Advocate for the Applicant

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI CENTRAL

B.B.A. No._______/12

Abdul GHANI …………………… APPLICANT

VERSUS

The STATE ………………………………. RESPONDENT

AFFIDAVIT

I, Abdul GHANI Son of Abdul Sattar, Muslim, adult, R/o. inside Nairang Market, liaqatabad, Karachi, do hereby state as under: -

1. That I am The Applicant/Deponent of this affidavit and as such am fully conversant with the facts of the matter deposed herein.

2. That I have filed no such Bail Before Application before this.

3. That the accompanying application has been drafted and filed under my express instructions and the same may be treated as part and parcel of this affidavit, the contents of the accompanied application has not been reiterated for the sake of brevity.

4. That unless the accompanying application is not allowed I shall suffer irreparable loss, which cannot be measured monetarily.

5. That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.

Dated: 11/06/12.

DEPONENT

CNIC #. ___________________________

The Deponent identified by me.

S M ZUBAIR

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI CENTRAL

B.B.A. No._______/12

Abdul GHANI …………………… APPLICANT

VERSUS

The STATE ………………………………. RESPONDENT

APPLICATION TO EXEMPT FILLING CERTIFIED FIR

Prayer is made in the greater interest of justice and equity.

Karachi.

Dated:11/06/2012.

S M ZUBAIR

Advocate for the Applicant

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI CENTRAL

B.B.A. No._______/12

Abdul GHANI …………………… APPLICANT

VERSUS

The STATE ………………………………. RESPONDENT

AFFIDAVIT

I, Abdul GHANI Son of Abdul Sattar, Muslim, adult, R/o. inside Nairang Market, liaqatabad, Karachi, do hereby state as under: -

1. That I am The Applicant/Deponent of this affidavit and as such am fully conversant with the facts of the matter deposed herein.

3. That unless the accompanying application is not allowed I shall suffer irreparable loss, which cannot be measured monetarily.

4. That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.

Dated: 11/06/12.

DEPONENT

CNIC #. ___________________________

The Deponent identified by me.

S M ZUBAIR

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.