Assignment for appeal

Submitted to University of Petroleum & Energy Studies,Dehradun

In the partial fulfillment of the requirement degree of Bachelor of Law (B.ALLB

Hons.)

Supervised by: Submitted By

Arpi jain Utkarsh mishra-500076909

Roll no R450219108

University of petroleum & Energy studies, Dehradun

Session = Jan –May 2021

IN THE HIGH COURT OF MADHYA PRADESH,

JABULPUR
Criminal Appeal No. 1 of 2021

Babita S/o suresh kohli 211/ A, Fifth Floor, Saitan Gali,Darawna

Nagar,Indore
 ……………………Appellant

Versus

Monti singh and others P.S. Powder Gali Darawna Nagar Road,
indore
……………..Respondent

Sir,
The above named appellant is filing the present appeal before this
Ld. Court aggrieved by the Order dated 11.02.2021 passed by the Ld.
Judicial Magistrate I, District Rewa in Misc. Case No. 24 of 2021
Monti singh and others P.S. Powder Gali Darawna Nagar Road, indore

Brief Facts of the case are as follows:-

1 That The appellate were living In the respondent ashram for past
one year at darwana nagar road, indore. The appellant is the student
and a badminton player. The residential address is 211/ A, Fifth
Floor, Saitan Gali,Darawna Nagar,Indore.

2.That On 26.07.2020 the appellant at her father’s will went to the

respondent ashram for her higher studies and also the respondent
promise to take care the appellant. For starting 1 month the
respondent took good care of the appellant and after it their
behaviour for appellant started changing.

3.That the appellant were subject to Rape, physical harassment,

wrongful confinement, criminal intimation by the respondent. When
the appellant escaped from ashram the family members of the
appellant were also subject to criminal intimation and also subject to
extortion.

4.the said petition was decided by ld. Court of session judge against
the appellant and granted the judgment in favour of respondent.

5.That aggrieved from the same the Appellant herein is filing this
Appeal before this Ld. Court interalia on the following grounds:-

Grounds of Appeal

1- Because the order dated 11.02.2021passed by the Ld. Lower

Court is against facts and law.
2- Because the Ld. Lower Court has committed gross irregularity
of law in not correctly appreciating the arguments submitted by the
appellant.

3- Because the impugned order passed by the Ld. Lower Court is

against evidence available on the file.

4- Because learned lower court appreciate that the physical

relationship between respondent and appellant were with the
consent of appellant

5- Because the Ld. Lower Court erred in not mentioning and

discussing the case laws filed by the appellant in support of its
arguments.

6- Because the Ld. lower Court erred is considering this fact that
the respondent is a well reputed saint and also he is 55 year old and
did not commit such type of henieous crime.

7- Beause the Ld. Lower Court erred in not considering this fact
that the respondent has a connection with politics so which is vey
easy for respondent to clean the evidence.

8- Because the ld. Lower Court erred in not considering this fact
that no denial to the objections raised by the Appellant was
submitted by the applicant.

9- Because the Ld. Lower Court erred in not considering this fact
that no rebuttal against the documents filed by the Appellant was
submitted by the applicant and hence the same remained
unrebutted in evidence.

10- Because the Ld. Lower Court exceeded its jurisdiction which
was vested in it under law.

11- Because the Order passed by the Ld. Lower Court is not
sustainable in the eyes of law.

12- Because the order passed by the Ld. Lower Court is liable to be
said aside.

13- Because the application of the Appellant is bonafide was

liable to be allowed.
 Therefore it is prayed that the above appeal be admitted and
impugned order dated 11.02.2020 passed by the Ld. Lower Court be
set aside and the appeal of the appellant be allowed with costs
throughout.

............................................Appellant
Dated:

Presented By

Counsel for Appellant

In THE HIGH COURT OF MADHYAPRADESH, JABULPUR

Criminal Appeal No. of 2021

State of M.p Versus monti singh and others

 Affidvait of Babita S/o suresh kohli 211/ A, Fifth Floor, Saitan
Gali,Darawna Nagar,Indore

………………Deponent

I, the deponent above named do hereby solemnly on oath affirms as

under:-
1. That the deponent is appellant in the present appeal and is fully
acquainted with the facts deposed to below and such is fully
authorized and is capable to sign, verify and file this affidavit

2. That the deponent is filing the present appeal against the Order
dated 11.02.2021 passed by the Ld. Session judge Rewa in Misc case
no. 24 of 2020

3. That the contents of said Appeal are correct and true and should be
read and understood as an integral part of this affidavit as the same
are not being repeated herewith for the sake of brevity.

4. That the deponent has full hope of success in this appeal as the
impugned order is against facts, evidence and law.

....................Deponent

I the deponent above named do hereby make oath that the contents
of the above affidavit in paras 1 to 4 are true to my own knowledge
and belief. Nothing material has been concealed and no part of it is
untrue. So help me God. Verified on Rewa of day of August 2021

...............................Deponent

In THE HIGH COURT OF MADHYAPRADESH, JABULPUR

Criminal Appeal No. 1 of 2021

State of M.p Versus monti singh and others

Sir,
For the reasons stated in the annexed affidavit it is most respectfully
prayed that the proceedings of Misc case No. 24 of 2021 babita kholi
DO Suresh kholi pending before the Ld. Session judge I, Rewa be
stayed till final disposal of this appeal or the appellant shall suffer
great hardship which cannot be compensated by any means and the
very purpose of the appellant of filing the present appeal will
become infructuous.

Dated: Appellant through

Counsel
Presented by:-

Counsel for the Appellant.

In THE HIGH COURT OF MADHYAPRADESH, JABULPUR

Criminal Appeal No. of 2021

State of M.p Versus monti singh and others

 Affidvait of Babita S/o suresh kohli 211/ A, Fifth Floor, Saitan
Gali,Darawna Nagar,Indore
………………Deponent
I, the deponent above named do hereby solemnly on oath affirms as
under:-

1. That the deponent is appellant in the present appeal and is fully

acquainted with the facts deposed to below and such is fully
authorized and is capable to sign, verify and file this affidavit.

2. That the deponent reiterates all averments made in the stay

application which are not being repeated herewith for the sake of
brevity and are liable to read as an integral part of this affidavit.

3. That the applicant/respondent has filed the complaint against the

Appellant on false and frivolous grounds and the same was liable to
be dismissed at preliminary stage itself.

4. That if the proceedings of the Misc Case No. 24 of 2021 are not
stayed during the pendency of the present appeal the appellant shall
suffer irreparable loss and injury which cannot be compensated by
any means.

5. That if the proceedings of the Misc case no. 24 of 2021 are not
stayed the very purpose of the appellant of filing the present appeal
will be frustrated.

6. That in the interest of Justice and as per the principles of natural

Justice proceedings of the Misc case No. 24 of 2013 are liable to be
stayed during pendency of the present appeal.

................................Deponent
I, the deponent above named do hereby make oath that the contents
of the above affidavit in paras 1 to 6are true to my own knowledge
and the basis of record. Nothing material has been concealed and no
part of it is untrue. So help me God. Verified on Dehradun of …… th
day of August, 2013.
................................Deponent
In THE HIGH COURT OF MADHYAPRADESH, JABULPUR
Criminal Appeal No. of 2021

State of M.p Versus monti singh and others

Sir,
 In the above referred matter it is most respectfully prayed that
certain documents & evidences which are essential for fair disposal
of the matter in dispute are available on the case file of the Ld. Lower
Court i.e. Misc Case No. 24 of 2021 present file is required to be
summoned as the same is essential for disposal of this appeal on
merits.

It is therefore prayed that the Complete case file of Misc Case No. 24
of 2021, in the Court of session judge be kindly summoned.

Dated: Counsel for Appellant

Presented by:-

Counsel for Appellant

In THE HIGH COURT OF MADHYAPRADESH, JABULPUR

Criminal Appeal No. of 2021

State of M.p Versus monti singh and others

 Affidvait of Babita S/o suresh kohli 211/ A, Fifth Floor, Saitan
Gali,Darawna Nagar,Indore

………………Deponent

I, the deponent above named do hereby solemnly on oath affirms as

under:-

That the deponent is appellant in the present appeal and is fully

acquainted with the facts deposed to below and such is fully
authorized and is capable to sign, verify and file this affidavit.

1. That the deponent reiterates all averments made in the application

for summoning of record of the Lower Court, filed alongwith this
affidavit, which are not being repeated herewith for the sake of
brevity.

2. That the deponent has full hope of success in this Appeal and if the
said application is not allowed it will be difficult for disposal of the
said Appeal on merits.

..............................Deponent

I the deponent above named do hereby make oath that the contents
of the above affidavit in paras 1 to 3 are true to my own knowledge
and belief. Nothing material has been concealed and no part of it is
untrue. So help me God. Verified on Dehradun of day of January
2021
................................Deponent

In THE HIGH COURT OF MADHYAPRADESH, JABULPUR

Criminal Appeal No. of 2021

State of M.p Versus monti singh and others

 List of Documents filed on behalf of the Appellant

1. Copy of Petition.

2. Copy of objection dated 22.02.2021

3. Copy of complete Order Sheet of Misc Case No. 24 of 2021

State of M.p Versus monti singh and others .

4. Copy of plaint of O.S. No. 800 of 2011, State of M.p

Versus monti singh and others before the Principal
Judge, Family Court Dehradun.

5. Copy of complete Order sheet of O.S. No. 800 of 2021

Dated:- 05.01.2021 Counsel for Appellant

Presented by:-

Counsel for Appellant.

In THE HIGH COURT OF MADHYAPRADESH, JABULPUR

Criminal Appeal No. of 2021

State of M.p Versus monti singh and others

Affidvait of Babita S/o suresh kohli 211/ A, Fifth Floor, Saitan

Gali,Darawna Nagar,Indore

………………Deponent

I, the deponent above named do hereby solemnly on oath affirms as

under:-

1. That the deponent is appellant in the present appeal and is fully

acquainted with the facts deposed to below and such is fully
authorized and is capable to sign, verify and file this affidavit.
2. That the deponent is filing copies of 5 documents vide list of documents
dated 05.01.2021 alongwith this affidavit, the same are correct and
true and are liable to be read as a part of this affidavit.

..............................Deponent

I the deponent above named do hereby make oath that the contents
of the above affidavit in paras 1 and 2 are true to my own knowledge
and belief. Nothing material has been concealed and no part of it is
untrue. So help me God. Verified on Dehradun of day of January
2021
................................Deponent