20 Memorandum of Appeal, Reference and Revision Criminal Appeals: No appeal shall be lie from any judgement or order of an criminal court except as provided for by the Cr.P.C. or by any other law for the time being in force. In the following cases where no appeal lies from the judgment of the Court: ie (1) (a) Where the accused person has pleaded guilty and has been — convicted by the High Court, or - (b) Where the accused person has pleaded guilty and the conviction i is by a Court of Session, Metropolitan Magistrate or first or _ second class Magistrate on such plea except as the ertart ota, legality of the sentence. ’ a _ 7s (2) Where a High Court passes only a sentence of imprisonment (4) Where a first class Magistrate eeding Rs, 100; or (5) Where in summary trialThe Law of Pleadings, may be brought againstany such sentence shall on the ground: convicted is ordered to furnish security to keep or ion for imprisonment in default of payment of fine ig in the case; or than one sentence of fine is passed in the case, if the amount of fine imposed does not exceed the amount fore specified in respect of the case. ing anything contained in Section 374, where an accused ded guilty and has been convicted on such plea, there shall conviction is by a High Court; or the conviction is by a Court of Session, Metropolitan Magistrate ‘or Magistrate of the first or second class, except as to the extent or legality of the sentence. Whereby reason of a plea-bargaining the accused pleaded guilty and ‘Was convicted and sentenced by the Magistrate acting upon his plead of guilty, the enhancement of sentence by the appellate or revisional Court in appeal or revision by acting on plea of guilty would not be reasonable, fair and just. It would be clearly violative of Article 21 of the constitution to induce or lead an accused to plead guilty under a promise or assurance that he would be let off lightly and then in appeal or revision, to enhance the sentence. The Court of appeal or revision should, in such a case, setaside the conviction and sentence of the accused and remand the case to the trial C so that the accused can, if he so wishes, defend himself against the and if he is found guilty, proper sentence can be passed against him. : MEMORANDUM OF APPEAL No.1 MEMORANDUM OF APPEAL AGAINST CONVICTION IN COURT OF SESSION JUDGE UNDER SECTION 374, Cr.P.C.. IN THE COURT OF SESSIONS JUDGE Criminal Appeal No. XY, State of ...EE Memorandum of Appeal, Reference and Revision Appeal against order dated . against conviction and sentence .. State versus X.Y. The appellant above-named most ri Esl edi the following grounds: espectfully submits the appeal on GROUNDS OF APPEAL (1) Because the conviction and Sentence are against law and against facts on record. (2) Because the order of the learned Magistrate is illegal and not maintainable. : (3) Because the appellant is innocent and has been illegally convicted and sentenced by the learned Magistrate. PRAYER i It is most respectfully prayed that the appeal may be allowed and the conviction and sentence passed against the accused: person may besetaside and the accused be acquitted. Dated APPEAL TO THE HIGH COURT IN CASE OF ACQUITTAL — UNDER SECTION 378, Cr.P.C. ai IN THE HIGH COURTOP vwnssnsnnoe Criminal Appeal No. «» Under Section 378, Code of C States ofThe Law of Pleatings, Drafting and Com veyancing GROUNDS OF APPEAL wed persons have been erroneously acquitted by te against the evidence of record against them, offences have been proved to the hilt of the case and or lacuna in the evidence against the accused persons, © question for giving any benefit of doubt to the accused the matter on the face of evidence on record against them is been proved on all fours the order passed in this matter is illegal and not maintainable iuse the order deserves to be modified by this Hon'ble Court, PRAYER therefore most respectfully prayed that the Hon’ble Court may be to allow the appeal and modify the judgment and convict and ie the respondents according to law as may be deemed fit and dient, or and remand the case for fresh disposal after taking further ¢ if so required. Sd/. Counsel for the Appellant No.3 MEMORANDUM OF REFERENCE IN CRIMINAL MATTER? UNDER SECTION 395, Cr.P.C. N THE COURT OF THE MAGISTRATE XY versus A.B. THE MATTER OF REFERENCE TO HIGH COURT ON QUESTIONS PF LAW AS TO VALIDITY OF THE PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE, 1973 The applicant most respectfully submits as follows: (1) That the aforesaid case is complaint case lodged by the respondent/ complainant against the applicant/ accused. (2) That the procedure being followed in the complaint case under the 1. See Dr. G.P. Tripathi: Law of Pleadings (Ist ed), pp/396-98,‘Memorandum of Appeal, Reference and Revision 343 Code of Criminal Procedure, 1973 Ultra Vires the fundamental rights of the accused person as guaranteed under Article 14 and 21 of the constitution. (3) That in a police case proceeded on police report only the statement taken by the investigating officer of the witnesses is made the basis of charge to be framed against the accused person but in a criminal case the statement of the complainant and his witnesses under Section 20 Cr.P.C. respectively are not taken to be sufficient for framing a charge against the accused person but the witnesses are examined twice before framing charge against the accused person and the accused person is unnecessarily harassed in the matter and his trial is prolonged for no fault of the accused which is certainly a restraint of the liberty of the accused. The applicant therefore has valid grounds to challenge the discriminatory procedure in the complaint case against the accused person on the following grounds: GROUNDS OF REFERENCE (1) Because the provisions of Chapter 15 Section 200 to 203 of Code of Criminal Procedure are Ulfra Vires and liable to be quashed. (2) Because the provisions relating to complaint cases as to framing of charge are also Ultra Vires, this is discriminatory against the accused. (3) Because Sections 200 to 204(a) of the Cr.P.C. are Ultra Vires being discriminatory, similarly provisions of Section 204(2), (), (4), (©) are also Ultra Vires and are liable to be quashed. (4) Because the provisions of Section 208 relating to supply of copies of statement and document to accused in other cases tried by Court of Session are also Ultra Vires. a (5) Because it is expedient that the questions raised in the ground of reference may be referred to the High Court for disposal t PRAYER It is therefore most respectfully prayed that this please to refer the aforesaid questions of lar constit vires of the procedural adopted in’ Criminal Procedure 1973, and Pp proceedings in this case may be staye bail pending the reference. Dated ..The Law of Pleadings, Drafting and Conveyancing (ORANDUM OF CRIMINAL REVISIONS IN THE HIGH COURT UNDER SECTION 397, Cr.P.C, IN THE COURT OF tinal Revision No, ...::1..0.++2010........ District ... Inder Section 397, Code of Criminal Procedure, 1973 Petitioner F versus of . : Respondent THE MATTER OF CRIMINAL REVISION U/S 397 Cr.P.C. sT ORDER DATED........ OF 20.... IN CRIMINAL CASE NO... OF 20.... STATE VERSUS X.Y. CONVICTING AND SENTENCING THE ACCUSED The Chief Justice and his Companion Judges of High Court of ws. The petitioner above-named most respectfully submits this revision ation against the impugned order above-mentioned, on the following ngst other grounds of revision. GROUNDS OF REVISION (2) Because the impugned order aforesaid is illegal and not maintainable. (2) Because the proceedings taken are quite irregular owing to the lowing reasons: (a) (b) () (6) Because the defending regarding taking part of the accused petitioner the alleged unlawful assembly is incorrect, illegal/improper. (4) use the conviction and sentence passed against the accused are legal and in the wrongful exercise of jurisdiction also. 5) Because the sentence imposed is too severe and high, PRAYER ‘herelore most respectfully prayed that this Hon'ble Coust may be allow the revision petition and setaside the conviction and sentence itioner aforesaid and in any case if the conviction i ‘ence imposed may please commuted as may be 1 against the g sintained, these fit and expedient Dated ar