IN THE COURT OF THE HON’BLE SESSIONS JUDGE, [District Name]
CRIMINAL APPEAL NO. _____ OF _______, 20__

IN THE MATTER OF:

[Appellant’s Name],
Son/Daughter/Wife of [Father/Husband’s Name],
Resident of [Full Address],
[Contact Number], [Email ID]
…APPELLANT

VERSUS

THE STATE OF [State Name]
THROUGH THE STATION HOUSE OFFICER,
[Police Station Name],
[District Name]
…RESPONDENT

MEMORANDUM OF CRIMINAL APPEAL UNDER SECTION 86 OF THE CODE OF CRIMINAL PROCEDURE, 1973

MOST RESPECTFULLY SHOWETH:

1. That the Appellant is a person referred to in Sub-Section (3) of Section 85 of the Code of Criminal Procedure, 1973, having a legitimate interest in the property attached by order of the First-mentioned Court.

2. That vide order dated [Date of Impugned Order] (hereinafter referred to as ‘the impugned order’) passed by the Learned Court of [Designation of First-mentioned Court, e.g., Chief Judicial Magistrate, Judicial Magistrate First Class] in [Case/FIR No. or Miscellaneous Petition No., if any], the application filed by the Appellant for restoration/delivery of the attached property, or the proceeds of the sale thereof, was unfortunately refused. A certified copy of the impugned order is annexed herewith as Annexure ‘A’.

3. That the property in question, which was attached, comprises of [Brief description of property, e.g., ‘residential house bearing No. X’, ‘movable assets listed in warrant of attachment’, ‘bank account details’].

4. That the impugned order dated [Date of Impugned Order] is erroneous, bad in law, and unsustainable on the following amongst other grounds:

(a) That the Learned First-mentioned Court failed to appreciate that [State specific ground, e.g., ‘the Appellant was not an absconder and had no knowledge of the proclamation’, ‘the Appellant had sufficient cause for non-appearance’, ‘the property belonged exclusively to the Appellant and not the proclaimed person’].

(b) That the findings recorded in the impugned order are contrary to the evidence/material placed on record and are based on conjectures and surmises.

(c) That the Learned First-mentioned Court misinterpreted the provisions of Section 85(3) of the CrPC and thereby erroneously rejected the Appellant’s legitimate claim for restoration of property.

(d) [Add any other specific ground relevant to the case, e.g., ‘The Court did not consider the Appellant’s affidavit/documents proving ownership.’]

5. That the present appeal is being filed within the period of limitation prescribed by law.

6. That the Appellant has not filed any other appeal or application in respect of the impugned order before this Hon’ble Court or any other Court.

PRAYER:

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

(a) Call for the records of the case from the Learned Court of [Designation of First-mentioned Court];
(b) Set aside the impugned order dated [Date of Impugned Order] passed by the Learned Court of [Designation of First-mentioned Court];
(c) Direct the restoration/delivery of the attached property [or, ‘the proceeds of the sale thereof’] to the Appellant;
(d) Pass any other or further order(s) or direction(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE APPELLANT AS IN DUTY BOUND SHALL EVER PRAY.

PLACE: [City]
DATE: [Date]

(APPELLANT)

THROUGH COUNSEL

[Name of Counsel]
ADVOCATE
[Enrolment Number]
[Contact Details]