APCrRPCO Section 123 : Cause Title of Miscellaneous Petition

Explanation using Example

Example 1: Filing a Petition for Maintenance

Introduction: Priya, a resident of Andhra Pradesh, wishes to file a petition for maintenance against her estranged husband under Section 125 of the Code of Criminal Procedure, 1973.

Application: According to Rule 123 of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, Priya must ensure her petition is headed with a cause title. This title should clearly state the provision of law under which the petition is filed (Section 125 CrPC) and include the names and full addresses of both parties, with Priya as the petitioner and her husband as the respondent.

Outcome: If Priya fails to include a proper cause title, her petition may be rejected or delayed, leading to further legal complications. Compliance ensures her petition is processed efficiently, allowing her to seek timely relief.

Conclusion: Properly formatting the petition with a cause title as per Rule 123 helps avoid procedural delays and ensures the court can address the matter promptly.

Example 2: Application for Bail

Introduction: Ramesh, accused of a minor offense, seeks to file a miscellaneous petition for bail in the High Court of Andhra Pradesh.

Application: Under Rule 123 of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, Ramesh's lawyer must draft the bail application with a cause title. This should specify the legal provision (e.g., Section 439 of the CrPC) and list Ramesh as the petitioner and the State as the respondent, along with their full addresses.

Outcome: Non-compliance with the cause title requirement could result in the application being returned for corrections, delaying Ramesh's bail hearing. Proper adherence ensures the application is considered without unnecessary procedural hurdles.

Conclusion: Ensuring the bail application is correctly titled as per Rule 123 facilitates a smoother legal process and helps Ramesh secure a timely hearing.

Example 3: Petition for Quashing FIR

Introduction: Anjali wants to file a petition to quash an FIR filed against her under a false allegation.

Application: According to Rule 123, Anjali's petition must include a cause title that specifies the relevant legal provision (e.g., Section 482 of the CrPC) and lists her as the petitioner with the complainant and the police as respondents, including their full addresses.

Outcome: If Anjali's petition lacks a proper cause title, it may be dismissed or require resubmission, causing delays. Compliance ensures the petition is processed without procedural issues.

Conclusion: A correctly formatted petition as per Rule 123 is crucial for Anjali to effectively challenge the FIR and seek justice.