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A “Notice of Motion” is a formal request filed in a legal proceeding, alerting the court and the opposing party that the applicant intends to seek a specific order or relief. It plays a key role in both civil and criminal proceedings, but its usage and nature vary depending on the context.

In Civil Cases

What It Is:

In civil litigation, a Notice of Motion is a procedural tool that lets one party formally ask the court for a ruling or order on a specific issue before or during a trial.

Common Uses:

• Interim relief (e.g., stay of proceedings, injunctions)
• Seeking permission to file additional documents
• Amendment of pleadings
• Dismissal or summary judgment
• Discovery orders

How It Works:

1. The moving party (applicant) drafts the Notice of Motion specifying:
   • The nature of the order sought
   • The grounds for the motion
   • The date it will be heard
2. The motion is supported by an affidavit or written statement explaining the facts.
3. It is served on the opposing party, giving them a chance to respond.
4. On the hearing date, the court hears arguments from both sides and passes an order.

In Criminal Cases

What It Is:

In criminal matters, a Notice of Motion is less commonly used but still serves as a formal request to the court for specific directions or relief.

Common Uses:

• Bail applications
• Quashing of FIR or charge sheet under Section 528 BNSS
• Transfer of case
• Discharge of the accused
• Seeking production of documents or witnesses

How It Works:

1. Filed by the defense or prosecution (depending on the context).
2. Must include details of the relief sought and legal grounds.
3. Served on the state or opposing party (usually through the Public Prosecutor).
4. The court may issue notices, hear both sides, and grant or deny relief.

Key Features of a Notice of Motion:

Practical Example:

• Civil: A plaintiff files a Notice of Motion seeking a temporary injunction to restrain the defendant from selling disputed property during the pendency of the suit.
• Criminal: An accused person files a Notice of Motion before the High Court under Section 528 BNSS to quash an FIR filed against them.

For Educational & Legal Awareness
Website: www.ushavatsassociates.in

Zero FIR is a type of First Information Report (FIR) that can be filed at any police station, regardless of the location or jurisdiction where the crime occurred. It is called “zero” FIR because it is registered with the serial number ‘0’, and later transferred to the appropriate police station having jurisdiction over the place of the crime.

Key Features of Zero FIR:

1. Jurisdiction-neutral: Can be filed at any police station, even if the crime didn’t happen in that area.
2. Helps victims: Especially useful in urgent or sensitive cases like rape, murder, or accidents where delaying registration might cause injustice.
3. Transferred later: After registration, the zero FIR is sent to the police station with jurisdiction for further investigation.
4. Legal basis: Though not explicitly mentioned in the Indian Penal Code or CrPC, the Justice Verma Committee Report (2013) recommended this concept, and the Supreme Court and Ministry of Home Affairs have endorsed it.

Example:

If a person from Delhi is a victim of a crime that happened in Mumbai, they can go to a police station in Delhi and file a Zero FIR. The Delhi police must register it and then forward it to the Mumbai police station for further action.

For Educational & Legal Awareness
Website: www.ushavatsassociates.in