APPLICATION TO INVOKE SPECIAL POWERS OF THE HIGH

COURT OR SESSIONS COURT

APPLICATION ON BEHALF OF THE APPLICANT FOR

CANCELLING THE BAIL UNDER SECTION 439(2) OF CRPC, 1973

IN THE COURT OF DISTRICT AND SESSIONS JUDGE, GANDHINAGAR,

GUJARAT
HMA Petition No. ____/2017

In the matter of:

State of Gujarat ...Prosecutor

v/s

Rachit Kumar and Ors.

...Accused Persons
FIR No. 92/2017 dated 12/07/2017
u/S. 498A and S.406 of Indian Penal Code, 1860,
Police Station, Gandhinagar.

1. The marriage between the Applicant and the Accused-Husband was solemnized in
Gandhinagar on 01/01/2016 as per Hindu rites and rituals. The Applicant and the
Accused-Husband were blessed with a son on 14/09/2016 whose custody is with the
Applicant.
2. It is submitted that excluding unnecessary details, the Applicant filed a criminal
complaint with dated 12/07/2017. On filing the criminal complaint, the Applicant
decided to file a State case. The Accused-Husband applied for anticipatory bail which
has been granted.
3. The Applicant has been treated with cruelty as is stated in the complaint. It is marked
in Annexure 1 Complaint and copy of the FIR is annexed at Annexure 2. After
registration of FIR, the Accused applied for anticipatory bail and the same was
disposed of by this Honble Court vide order dated 14/07/2017. The said order has
been annexed as Annexure 3.
4. Needless to say, with an intention to settle the matter and get peace of mind, the
Applicant did not raise any objections.
5. The Accused has published a vicious advertisement in newspapers seeking for
matrimonial alliance. The contents were false, vexatious defamatory in nature. This
amounts to continuation of matrimonial cruelty.
6. The said advertisement is published in newspapers in the matrimonial column.
7. An advertisement has been published on page number 4 of the newspaper thus:
High status, Punjabi Goel, very fair, handsome boy, 26, tall, post graduate, income
running in five figures, recently divorced on mutual terms with a schizophrenic girl,
no issue, owns posh house, 2 cars, only son seeks extremely beautiful unmarried
extrovert girl preferably 23-25 years old from a high status family.
Contact No. 9876543210, Mobile No. 9876543210
8. Copy of the aforesaid advertisement is Annexure 4.
9. It is submitted that the contents of the advertisement are false and frivolous. The
nature of the advertisement is criminal and are vehemently denied by the Applicant.
These are efforts on part of the accused persons to trap an innocent girl.
10. It is submitted that this advertisement has brought down the reputation of the
Applicant and the applicant has served a notice on the Accused Persons for initiating
a case of defamation. The notice has been annexed at Annexure 5. The date of the
said notice is 12/06/2017.
11. Vide the reply dated 18/06/2017, the accused person disowned the advertisement and
sent a frivolous reply through his advocate. A copy of this reply has been annexed at
Annexure 6. The publishers reply has been annexed at Annexure 7.
12. This publication amount to recurrence and perpetuation of the accused persons
cruelty. Further it gives cause of action to file civil and criminal case. The Applicant
shall be filling such a case shortly.
13. The abovementioned facts are without any demur, the accused person has taken law
in his hand and with utmost impunity and which tantamount to interference and
challenge to the administration of justice.
14. This conduct of the accused amounts to criminal intimidation, breach of trust and
violates S. 498A of Indian Penal Code, 1860.
15. The applicant has preferred to bring this matter in this court since the bail application
has been filed in this Court by the accused person. There are no other cases pending
between the parties in any other court.
 16. This Honble Court may be pleased to cancel the bail as granted earlier. The
investigation officer may kindly be directed to investigate the matter and take
appropriate action as per law.
17. Any other relief may also be granted by the Court in the interest of justice in favour of
the Applicant.

Place: s/d
Date: (Petitioner)
s/d
(Advocate)