What Is A Petition?: Legal Writing Put Up Petition

LEGAL WRITING
PUT UP PETITION
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What is a Petition?
A formal written request to a court for an order of the court. It is distinguished from a c
omplaint in a lawsuit which asks for damages and/or performance by the opposing party
. Petitions include demands for writs, orders to show cause, modifications of prior order
s, continuances, dismissal of a case, reduction of bail in criminal cases, a decree of distr
ibution of an estate, appointment of a guardian, and a host of other matters arising in leg
al actions.
2) a general term for a writing signed by a number of people asking for a particular resu
lt from a private governing body (such as a homeowner’s association, a political party,
or a club).
3) in public law a petition may be required to place a proposition or ordinance on the ba
llot, nominate a person for public office, or demand a recall election. Such petitions for
official action must be signed by a specified number of registered voters (such as five p
ercent).
4) making a formal request of a court, presenting a written request to an organization's g
overning body signed by one or more members.
5) in some states a suit for divorce is entitled a petition, and the parties are called petitio
ner and respondent. (See: motion, writ, divorce, petitioner)

PUT UP PETITION
MEANING
Put up means to place before or to offer for some purpose.
 Under the law if any person commits a crime and thereafter, if he is arrested by
police then that person is required to be produced before the Court within 24
hours of arrest excluding the time of journey under Article 22 (2) of the
Constitution.
 The accused is produced before the Court for further remand in judicial custody
in jail. Section 167 Cr.PC. provides that the Magistrate may remand the accused
to the police custody for the first 15 days of his arrest.
 After the first 15 days remand the accused will again produced before the Court
and this remand by Magistrate or Court will go on till the end of investigation or
submission of charge sheet or trial or till the accused is release on bail.
 If any necessity arises for the accused or the prosecution to move the Court
within the remand date of accused for any matter like, petition for bail, any other
petition with or in connection with the particular case, then a petition is required
to be made before the Court to hear the matter before date of production of
accused or before the fixed date in this particular case.
 This petition is generally termed as put up petition.
 This put up petition is made before the Court along with the original petition for
hearing.
 The function of put up petition is to put up the record, i.e., judicial record or file
of a particular case and nothing else.
Example: Mr. B is arrested with the stolen cycle by the police and Mr. B was produced
before the Court on 01.09.2020 and the Court has remanded the accused to judicial
custody rejecting the prayer of Bail. Fixing 14.09.2020 for production. The accused will
not be produced before the Court before any date from 2.09.2020 to 13.09.2020.
Suppose the defence wants to move the petition for bail on 5.09.2020. In order to move
the bail petition the defence/accused has to make a put up petition or petition for
placing the record for hearing the bail petition. This petition is termed or known as “Put
Up” petition.
 Generally put up petition is filed along with the bail petition.
 On any urgent matter this type of petition may be made in civil suit also.
PUT UP PETITION (SAMPLE FORMAT)
Case No: ……………
(Name of the Court)
Plaintiff: ……………… Mr X (PLAINTIFF)
Vs
Defendant: ……………..Mr Y (DEFENDANT)

Application U/S 151 of CPC.
In this applicant- plaintiff begs to apply as under:
For the reasons stated in the accompanying affidavit, in the ends of justice, the top
noted case which is posted on ……..may kindly be taken on today’s board and
necessary orders may be passed.
Place:
Date:
Adv., for plf/ Def
RULES FOR DRAFTING PUT UP PETITION
1. Name of the Court and place
After leaving proper vacant space at the top and at the left side of the paper name
of the Court is written along with the place of sitting
Example: “In the Court of Learned……………..at…………………….”
2. Case reference with sections
The case number is given in the left side of the paper along with the sections of
the offences alleged in the case.
Example: Ref: CR. Case
no…………………..of…………………u/s……………
Or
G.R. Case no………….of…………….u/s…………………..of IPC
3. Name of the Parties
Example:
Sri……………………………………………Complainant
Versus
Sri………………………………………………
……………………Accused
4. Head line of the Petition
As it is a put – up petition the headline is as under “Put – up Petition”.
5. Opening submission
Before starting body of the petition the opening prayer or submission is written as
under:
Example: “The above named accused prays as follows……….”
6. Body of the petition
 Firstly the next date is mentioned and the purpose of filing this put up petition is
given in the petition.
 In order to have a favourable order from the Court the grounds along with the
urgency of facts should be stated in brief.
7. Prayer
Lastly the prayer is made for passing a suitable order for putting the record today or on
a fixed date.
8. Signature of the party and the Lawyer
FORMAT PUT UP PETITION FOR BAIL
In the Court of Learned C.J.M. at…………………………….
Ref: G.R. no………of…………. u/s 379 IPC
Sri………………………….(Complainant)
Versus
Sri…………………………………………(Accused)
Put up petition
The above named accused prays as follows:
1. That your honour has been pleased to reject the bail petition fixing……for
production of accused on date.
2. That on the ground of illness of his mother the accused wants to move the bail
petition today.
3. That for the ends of justice the record be put up today.
As such it is prayed that your honour would be graciously pleased to allow the put
up of record today.
And for this act of kindness the accused as in duty bound shall ever pray.
Written by
Advocate

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LEGAL WRITING

s, continuances, dismissal of a case, reduction of bail in criminal cases, a decree of distr

lt from a private governing body (such as a homeowner’s association, a political party,

3) in public law a petition may be required to place a proposition or ordinance on the ba

4) making a formal request of a court, presenting a written request to an organization's g

overning body signed by one or more members.

ner and respondent. (See: motion, writ, divorce, petitioner)

Put up means to place before or to offer for some purpose.

to the police custody for the first 15 days of his arrest.

submission of charge sheet or trial or till the accused is release on bail.

accused or before the fixed date in this particular case.

 This petition is generally termed as put up petition.

of a particular case and nothing else.

 Generally put up petition is filed along with the bail petition.

PUT UP PETITION (SAMPLE FORMAT)

Case No: ……………

(Name of the Court)

Plaintiff: ……………… Mr X (PLAINTIFF)

Defendant: ……………..Mr Y (DEFENDANT)

In this applicant- plaintiff begs to apply as under:

necessary orders may be passed.

Adv., for plf/ Def

RULES FOR DRAFTING PUT UP PETITION

1. Name of the Court and place

of the Court is written along with the place of sitting

Example: “In the Court of Learned……………..at…………………….”

2. Case reference with sections

the offences alleged in the case.

Example: Ref: CR. Case

3. Name of the Parties

4. Head line of the Petition

As it is a put – up petition the headline is as under “Put – up Petition”.

Example: “The above named accused prays as follows……….”

6. Body of the petition

given in the petition.

urgency of facts should be stated in brief.

8. Signature of the party and the Lawyer

FORMAT PUT UP PETITION FOR BAIL

In the Court of Learned C.J.M. at…………………………….

Ref: G.R. no………of…………. u/s 379 IPC

The above named accused prays as follows:

production of accused on date.

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