Stay Vacation Application alongwith Counter Affidavit in Writ Petition

IN THE HIGH COURT OF JUDICATURE AT …………………….
Criminal.  Misc.  Stay Vacation Application No. …………………….

In

Criminal.  Misc., Writ Petition No. ……………. of…………………….
(District : ...................)

Sri …………….. 					…Petitioner

Versus

The Station Officer, Police Station ' Kotwali City and others

Shri ........................ 					…Respondents 

To,

The Hon'ble Chief Justice and his other companion Judges of the aforesaid Court.

The humble application of the abovenamed petitioner most respectfully showeth :

1. That on the facts stated in the accompanying affidavit, it is just and expedient in the interest of justice that this Hon'ble Court may be pleased to vacate its stay order granted ex parte to the petitioner and may also be pleased to pass such other and further order which this Hon’ble Court may deem fit and proper under the circumstances of the case.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to vacate its stay order granted exparte to the petitioner and may also be pleased to pass such other and further order which this Hon'ble court deems fit and proper under the circumstances of the case.

Date……………	
Advocate or the Respondent

IN THE HIGH COURT OF JUDICATURE AT …………………
Counter Affidavit

In

Criminal Misc. stay vacation Application No…… of 20……

In

Criminal Misc.  Writ Petition No. …… of 20….

(District : ………….)
………………..						…Petitioner

Versus

..........................                                                               …Respondents 

	Affidavit of  Smt…………………
aged about ………… years,
 (Deponent)

I, the deponent named above share by solemnly affirm and state on oath an under:

1. That the deponent is respondent No. 3 in the aforesaid case and as such she is fully Acquainted with the facts deposed to below.

2. That the petition of Shri ……………….along with its affidavit and annexures has been read over, translated and explained to the deponent and she has under stood the same.

3. That the contends of paragraph 1 of the writ petition relate to matter on record and as such need no reply.

4. That in reply to the content of para 2 of the petition, it is stated that Shri …………………. is a practising lawyer with long standing at ………… and as such he is will versed with the technicalities of law and defrauding and befooling and innocent person, like the deponent, is not a difficult, task for him.

5. That the contents of para 3 of the writ petition are not admitted. Moreover, these contents are irrelevant for the controversy involved in the present	suit.

6. That the contents of para 4 of the writ petition are not admitted.  It is stated that the deponent's marriage with one …………………. was not a love marriage. It was rather an arranged marriage which on account of the cruelty of deponent's husband Shri ………………… and ill treatment mooted out by him to the deponent, ultimately resulted in a decree of divorced.

7. That after seeking the said decree from her husband, the deponent, as she was a law graduate, started practicing law, at ………. to earn her livelyhood.

8. That as Shri ……………………. was a senior colleague of the deponent, he started visiting the deponent's chamber off and on.  Initially he used to sympathised with the deponent and used to give professional tips to the deponent in order to create his impression upon her.  It is specifically stated that the deponent had no personal interest in Shri ………………… except for the fact that she used to respect him as her senior colleague.

9. That with passage of time Mr. ………………… increased the number of his visits to the deponent's chamber and her house and started showing intimacy with the deponent.  At times he used to create funny scenes, more often embarrassing to the deponent, in order to seek deponent's sympathy.  Then he started professing open love to the deponents.

10. That Shri ……………….. virtually trapped the innocent deponent in love affair.

11. That besides the petitioner, his father and brothers also started visiting the deponent in order to persuade her to get into marital bonds with the petitioner.  The petitioner's kiths and kins were, in fact, instrumental in getting the deponent's marriage with the petitioner solemnized.  It is specifically stated that neither the petitioner nor his father or brothers over mentioned the fact of the first marriage of the petitioner to the dependent.

12. That the petitioner, thereafter, even started emotional blackmailing the deponent by threatening that if the deponent does not marry him, the death will be his consequence.  The letter of the petitioner dated …….., written-to the deponent amply proves it.  True copy of the letter dated ………. is being filed herewith and marked as Annexure C. A. 1 to this counter affidavit.

13. That thus entrapped the deponent got married to Shri ……………….  It was only after the marriage that the deponent could not the fact of the first marriage of the petitioner.  Having a son and dowry from the second marriage were the win motivations for the petitioner to marry the deponent.  True copy of the marriage certificate issued by the Secretary ………………., District ………….. is being filed therewith and marked as Annexure C. A. 2 to this affidavit.  True copies of photographs of the marriage ceremony are also being filed and marked as Annexure C. A. 3 to this affidavit.

14. That the deponent tried to tolerate and adjust with the petitioner to the best of her capability but it was a perpetual demand for dowry and also the ill treatment meted out to her by the petitioner that the deponent and her parents could not bear during this period.  The petitioner obtained the deponent's signatures on certain blank papers.

15. That despite the fact that the deponent  bare all these atrocities upon her with great patience in order to save her family life, the petitioner ditched her, cheated her and sneaked out of the marital bonds with the deponent's Gold ornaments and the deponent had to lodge a F.I.R.

16. That the contents of paras 5 and 6 of the writ petition are not admitted.  Besides being irrelevant for the purpose of present petition, it is stated that the deponent never lodged any report against her parents.  Annexure-1 to the writ petition is a forzed document and has been created by the petitioner in order to give colour to the case.

17. That in reply to the contents of paragraph 7 of the writ petition it is stated that a divorce between the deponent and Shri …………………….. took place in 1988.

18. That the contents of paragraph 8 of the writ petition are not admitted.  It is stated that the deponent did not know that the petitioner was already a married man.

19. That in reply to the contents of paragraph 9 of the writ petition it is stated that the deponent's F. I. R. was true and genuine incorporating only true and correct facts.

20. That the contents of paragraph 10 of the writ petition are not admitted.  The letter alleged impare under reply was never written by the deponent.

21. That the contents of paragraph No. 11 of the writ petition are not admitted.

22. That the contents of paragraphs 12 and 13 of the writ petition are not admitted.  Moreover, these contents are argumentative in nature and shall be suitably replied at the time of hearing.  It is however stated that in the case registered against the petitioner, a charge-sheet has been submitted and filed in the Court below.  In the said charge-sheet the petitioner has been accused of an offence under Section 494/498 Criminal Procedure Code.  A true copy of the charge-sheet against the petitioner is being filed and marked as Annexure C. A. 4 to this affidavit.

23. That the contents of paragraphs 14 and 15 of the writ petition are not admitted.

24. That the contents of paragraph 16 of the writ petition relate to matter of record and as such need no reply.

25. That the contents of paragraph 17 of the writ petition are not admitted.  It is stated that as the charge-sheet has been filed against the petitioner under Section 494/498, Cr.P.C. before the Court below and the case is proceeding against the petitioner, it is just and expedient in the interest of justice that the Hon'ble Court may be pleased to vacate the stay order and also be pleased to pass such and further orders as its deems fit and proper under the circumstances of the case.

I, the deponent named above do hereby solemnly affirm and state that the contents of paragraph No.s 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 (p), 23, 24, 25 of, this affidavit are true to my personal knowledge; those of paragraph Nos. 12, 22, (p) of this affidavit are based on records; those of paragraph Nos. of this affidavit are based on legal advice, which I believe to be true.  Nothing material has been concealed and no part of this affidavit is false.

So help me God.
(Deponent)

I, ........................ Clerk to Sri …………………., Advocate, High Court, All do hereby declare that the deponent of this affidavit is known to me personally.

Solemnly affirmed before me on this day of April, 20……. at ………. am/pm by the deponent who has been identified as above.

I have satisfied myself by examining the deponents that she understood the contents of this affidavit.

Oath Commissioner.