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SAMPLE Informatory Petition – Explained

Purpose of Informatory petition under Section 39 of Cr.P.C 1973 As per the Section 39 of Cr.P.C it avers that we can an opportunity to file a petition before the Court of C.J.M for the sake of information regarding contingent incident and it can only help in future events in certain circumstances depends on facts and issues.

Example : If your wife give threats of suicide or harm your kids and take them away, First try to collect all evidences against her for e.g. recording her statements then  file a police complaint against your wife for threatening to commit suicide. One who threatens to end his life and implicate someone for it, is liable to be prosecuted for putting a person in fear of a false prosecution.

Informatory petition is the one filed before CMM/ CJM when one anticipates a criminal offence being done by anybody

It may be against the Petitioner or it may not be against the petitioner and it may be against anybody else or against the general public

If a false information is spread against the Petitioner, he can inform the Magistrate about it .

It can be used as an equivalent of caveats in Criminal courts

CrPC 39: Section 39 of the Criminal Procedure Code
Public to give information of certain offences
Every person, aware of the Commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely-

sections 121 to 126, both inclusive, and section 130 (that is to say offences against the state specified in Chapter VI of the said Code);
sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquility specified in Chapter VIII of the said Code);
sections 161 to 165 A, both inclusive (that is to say, offences relating to illegal gratification);
sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);
sections 302, 303 and 304 (that is to say, offences affecting life);
va. section 364 A (that is to say, offence relating to kidnapping for ransom, etc.);
section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);
sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);
section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);
sections 431 to 439, both inclusive (that is to say, offence of mischief against property);
sections 449 and 450 (that is to say, offence of house-trespass);
sections 456 to 460, both inclusive (that is to say, offences of lurking house- trespass); and
sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes).
Shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such Commission or intention;

For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.

READ  No unlawful demand for any property or valuable, No 498A

SAMPLE PETITION FORMAT

In the court of The Chief Metropolitan Magistrate/ the chief judicial magistrate At Mumbai

Informatory petition no.___________of 2018

Mr.xxxxxx ………………….petitioner.

Against.

Mrs.yyyyyy ………………….opp.party.

Petition U/S 39 of the CR.P.C.

The humble petition on behalf of the petitioner above named most respectfully begs to state as follows:-

It is feared that the Person above named opposite party, is doing / going to commit the offence punishable under U/S 39 of the CR.P.C.

Attach evidence copies as exhibits

Prayer……

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