Tuesday, 31 December 2019

What is distinction between pleading under CPC,Writ Petition and counter Affidavit?

It is necessary to make a mention at this juncture about the manner 
in which a petition for anticipatory bail has to be drafted.  In a leading 
case in  Bharat Singh and Ors. vs. State of Haryana and Ors (1988) 4SCC 534, 
the Honble Supreme Court drew a distinction between a pleading under the CPC 
and a writ petition or a counter affidavit.  While in a pleading, that is, a 
plaint or a written statement, the facts and not evidence are required to be 
pleaded, in a writ petition or in the counter affidavit not only the facts 
but also the evidence in proof of such facts have to be pleaded and annexed 
to it.   If an accused is to be granted anticipatory bail in a case arising 
under the Atrocities Act, he has to fulfil the test laid down in Dr.Subhash 
Kashinath Mahajan case.  It is true that there are no strict rules of 
pleading in Criminal Procedure Code as those in the Civil Procedure Code.  
Nevertheless, the principles of natural justice require that the victim is 
not taken by surprise. Hence, the petition to be filed by the accused along 
with the anexures should contain all the necessary and relevant materials. 
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT 

( Criminal Jurisdiction )

Date  : 26/11/2019

PRESENT

THE HONBLE MR.JUSTICE G.R.SWAMINATHAN

CRL OP(MD). No.17224 of 2019

Dr.S.Ariharan, Vs.  The Inspector of Police,

Read full judgment here:Click here
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