I am posting the procedure for filing the petitions u/s 482 of Cr.P.C. in the Delhi High Court along with the precautions which should be taken before filing to minimize the defects. I am also mentioning the cure of some of the common defects which have been found in my petitions in past.
1. Timing for filing of fresh petition is from 10.30 am to 1.30 pm and from 2 pm to 4 pm. For getting listed the petition next day, it should be filed and all defects should be removed before 12 pm of the same day. If defects are removed after 12 pm then it is listed day after next day. If you wish to get it listed on any date of your choice, mention so in the ‘Urgent Application’.
2. Fresh petitions u/s 482 of Cr.P.C. are listed on all working days i.e. Monday to Friday.
3. Only one original set of petition is to be filed.
4. Title of the petition u/s 482 of Cr.P.C. is “Crl.M.C. No. of 2011”.
5. On ‘Memo of parties’ (in the bottom left corner) write the complete detail/ title of the case as written on the petition itself including nature of petition, name of trial judge, impugned order’s date, main complaint number & title, etc.
6. Caveat report to be taken before filing. If caveat filed then serve a set on each respondent by hand/ by courier or speed post. Paste/ staple the postal receipt on the ‘Notice of motion’. If copy is served by hand then the petition may be listed next day but if the copy is sent by post then it is served after three days.
7. If State is the party then serve two copies in advance (even without caveat) and get acknowledgment on the ‘Notice of motion/ Letter of service’ from the counsel for the state.
8. All the documents should be attached to legal size papers. If annexures are fade or unclear then get them typed. Documents in Hindi must be accompanied by their translated papers. Left side margin has to be 2 inch for both Hindi and English papers (originals or photocopies). If not, then attach the photocopy (2 inch margin) of the same along with the originals.
9. 'True typed copy' for re-typed papers & 'True translated copy' for translated papers to be written on the first and last page of all annexures and counsel should sign there. No back to back annexure can be filed. If has to be filed then file a photocopy of the back printed paper alongwith the original.
10. ‘Opening form’ to be used and then index and then urgent application and then ‘notice of motion’ (if respondents have filed caveat) and then ‘memo of parties’ and then the ‘synopsis & list of dates’ and then ‘main Petition’ then ‘annexures’ and at the end the ‘stay application with affidavit’ (if stay of trial court proceedings required) and/ or application for ‘exemption from filing the certified copies, etc. and at last the Vakalatnama.
11. Urgent application requires Rs. 3/- court fee. Main petition requires no court fee except .65 paise per page of annexures which shall be affixed on Memo of Parties. Vakalatnama requires Rs. 10 Welfare stamp and Rs. 3 Court Fee. All other applications e.g. for stay, for exemption from certified copies, etc. require Rs. 3/- court fee.
12. In urgent application write “urgent reliefs are prayed for (like stay of trial court proceedings)” or “urgent reliefs have been sought for in the petition”. Mention the date on which petition should be listed.
13. From Urgent application to Vakalatnama to be numbered from 1-100.
14. No file cover is needed but green threat to be used at the time of filing to tie the petition.
15. Petitioner’s signature to be attested by the counsel on the Vakalatnama by writing “Signatures of the petitioner identified”.
16. 'Synopsis & List of dates' to be written on the top. Nothing to be written where synopsis ends and list of dates starts. Annexures to be mentioned in the petition’s main part mentioning facts.
17. Trial Court record’s e.g. FIR, Charge Sheet, Orders, etc. certified copies to be filed. If they are not available then file application for exemption from filing certified copies.
18. Diary number to be noted from filing counter and also ask the name of concerned dealing clerk. Contact him immediately to remove the defects. If defects are found then remove them within two days otherwise service on state/ respondent shall be required again.
19. If the petition is filed by any officer, agent, employee of the company in his name but for the company then file the Board Resolution authorizing him to file the petition and also the stamp of the company under the signatures of the petitioner on the complete petition wherever petitioner’s signatures have been made.
20. On the date of hearing, if notice is issued by court and accepted by the State’s Counsel then, there is no need for filing PF and serve copies again. If respondents were not served, then file PF within 7 days of the order by the modes (Dasti, Courier, Speed Post and Registered A/d, etc.) as ordered by the Court.
21. If the client has signed the petition/ Vakalatnama in a language other then English, then it should be mentioned in all affidavits filed with the petition that ‘the contents of the petition/ application have been read over to and well understood by the petitioner in vernacular’. If he has put his thumb impression, then it has to be identified by the counsel.
(I earnestly thank Sh. Rajeev Kumar Singh, Advocate on Record, Supreme Court of India and Sh. Amit, Advocate, Delhi High Court who always help me whenever I call them to remove the defects.)
By: Praveen Kumar Jain
Advocate, Supreme Court of India
Phone: 098712 78525