IN THE COURT OF DISTRICT AND SESSION JUDGE

AT

NAGPUR

CASE NO. /2010

……………………………………………………………………………
…………………………………………………………………………….

SHAILENDRA
VS
STATE OF MAHARASTRA

WRITTEN SUBMISSION ON BEHALF OF NON-APLICANT

……………………………………………………………………………

BABASAHEB AMBEDKAR COLLEGE OF LAW NAGPUR

INTRA COLLEGE MOOT COURT COMPETITION

 BOOKS REFERED

 Ratanlal and Dhirajlal, INDIAN PENAL CODE

 K.D.Gaur-CRIMINAL LAW

 Ratanlal and Dhirajlal,CRIMINAL PROCEDURE CODE

 Chandrasekharan Pillai,Kelkars Outline of criminal procedures

DICTIONARIES

 Black’s law dictionary

 Oxford English dictionary

 STATEMENT OF FACTS

1. Shailendra and surekha got married on 26.5.2009.They were residing in

Nagpur.Shailendra was appointed as a permanent employee to the post of an
orthotic technician in a Government hospital in Nagpur.Surekha also got an
employement in an organization run by central government in Mumbai.

2. There were fights between Shailendra and Surekha on the issur of Surekha
leaving for Mumbai to pursue her job.On 4.11.2009,surekha left the
company of her husband to join her job at Mumbai.

3. After a period of time,Surekha wanted Shailendra to leave his job and reside
her in Mumbai so that they can enjoy their married life happily.She assured
him that she will arrange a new job for him in Mumbai.Shailendra told him
that he has permanent Govt. job and he cannot leave it.But Shailendra does
not paid any attention to her request and ask her to come back to Nagpur.

4. Surekha refused to come back saying that he will ill treat her as do in past
and she has no job security in Nagpur as compared to Mumbai but still she
came to Nagpur to pursue him to stay with her in Mumbai.Shailendra being
enraged by such adamant nature of Surekha impulsively assaulted her.

5. On 28.7.2010 Surekha finally lodge a complaint against Shalindera for an

offense against shailendra under section 498-A of I.P.C.Shailendra told that
she had lodged complaint only because he refuse to leave his job to reside
with her in Mumbai.

6. Shailendra approached sessions court in apprehension of his arrest made an

application under section 438 of Cr.P.C for the grant of anticipatory bail.
 ARGUMENTS ADVANCED

1. Non-Applicant has got job in central Government:

Before the job both were leaving happily but after the marriage the
scenario was completely changed.
When Non-Applicant has got job in Mumbai there were fight in there
home regarding leaving for Mumbai for her job.Nowadays it is very
difficult to get a Central Government job so it becomes the responsibility
of applicant not to force her to leave a job.It is not always necessary that a
wife always sacrifice everything for her husband.

2. Widespread opportunities in Mumbai:

Mumbai is a metro politan city and it is very much advanced as compare to

Nagpur there are widespread oppurtunities available for everyone.There
are very multispeciality hospital available in Mumbai here Applicant was
having more oppurtunities to get a better than previous one then why
should Non applicant should leave her job.

3. Equal oppurtunities to all:

According to article 15 of Indian constitution there should not be any

discrimination on grounds of religion,race,caste,sex,place of birth.But as
compared to the status of male,females have suffered a lot and history is
full of such an evidences.If Non-Applicant is getting a good job then why
should she sacrifice it.

4. Danger to Non-Applicants life:

Non-Applicant was very loving and caring person for which she came to
Nagpur to pursue Applicant to leave his job and to come with her in
Mumbai.She tried to convince him but accused ego does not supported him
and he impulsively assaulted her which proves that accused can do
anything.If honourable court grants the anticipated bill to the accuse then
there may be chances that he will harassed the complainant
again.Therefore custody of the accused is very much necessary to remind
him about his fault.
 PRAYER

In the light of the issues raised arguments advanced,authorities cited and reasons
given,It is humbly prayer before the Hon’ble Court that the decision of the sessions
court be upheld and appeal should be dismissed.

And the court may pass any other order in the light of justice,equity and good
conscience.