By Filing a Criminal Revision Petition is only half the battle. If the lower court’s order is still in effect, you need an immediate Affidavit for Stay to prevent irreversible damage. This affidavit is the cornerstone of your application for interim relief in the Sessions Court or High Court. But how do you convince a judge to grant it?
This comprehensive 2025 guide, written for the Indian legal context, moves beyond basic templates. We provide a deep dive into the strategy of drafting a persuasive stay affidavit under the Cr.P.C. We will dissect the crucial “Trinity Test” (Prima Facie Case, Irreparable Loss, and Balance of Convenience), analyze key judicial principles, and provide a clause-by-clause clinic to avoid common pitfalls. Whether you are challenging an order or drafting a counter-affidavit, this article provides the essential framework for success.
Affidavit for Stay in Criminal Revision Proceedings: A Complete Strategic Guide
This guide deconstructs the affidavit for obtaining a stay order in a Criminal Revision Petition (e.g., under S. 397 CrPC). We move beyond templates to analyze legal strategy, common pitfalls, and how to draft averments that satisfy the court.
By The Evaakil Legal Team | Published: October 26, 2025
The Procedural Journey: Where Your Affidavit Fits
An affidavit for a stay order is not a standalone document. It is a sworn statement of facts that supports a Criminal Miscellaneous Petition (Crl. M.P.). This application, in turn, is filed within a Criminal Revision Petition (Crl. R.P.) that challenges an order from a lower court, such as a Sub-Divisional Magistrate (SDM).
Understanding this sequence is essential. Your affidavit's job is to give the Revisional Court (like the Sessions Court) the factual basis to "press pause" on the lower court's order while it decides the main revision petition.
Understanding this sequence is essential. Your affidavit's job is to give the Revisional Court (like the Sessions Court) the factual basis to "press pause" on the lower court's order *while* it decides the main revision petition.
Visualizing the Legal Pathway
Impugned Order
(e.g., SDM Order under S. 133 CrPC)
Criminal Revision
(Filed under S. 397 CrPC to Sessions Court)
Application for Stay
(Crl. M.P. for interim relief)
Affidavit
(Your sworn statement supporting the application)
Vetted Legal Templates
Select your preferred language to view a complete, formatted template for an Affidavit for Stay.
Disclaimer: These templates are for illustrative and educational purposes only. Always consult a legal professional for advice on your specific case.
BEFORE THE HON'BLE SESSIONS COURT AT [CITY]
Crl. Revision Petition No. ___ of 2025
[Petitioner's Name] S/o [Father's Name], Aged about [Age] years, Residing at [Full Address] ... PetitionerCRIMINAL MISCELLANEOUS PETITION NO. ___ OF 2025
(Application for Stay of Impugned Order dated [Date] passed by [Lower Court Name])AFFIDAVIT
I, [Petitioner's Name], son of [Father's Name], aged about [Age] years, residing at [Address], do hereby solemnly affirm and state as follows:1.That I am the Petitioner in the aforesaid Criminal Revision Petition and am well acquainted with the facts and circumstances of the case. I am competent to swear this affidavit.
2.That I have filed the accompanying Criminal Revision Petition challenging the impugned order dated [Date] passed by the Ld. [Lower Court Name] in [Case No.]. The contents of the main petition are not repeated herein for the sake of brevity and may be read as part of this affidavit.
3.That I state that the Petitioner has a strong prima facie case and the Revision Petition is likely to succeed. The impugned order is passed without jurisdiction as a competent Civil Court is already seized of the matter in O.S. No. ___/2025 and has passed an order of temporary injunction on [Date].
4.That if the operation of the impugned order is not stayed, the Petitioner will suffer irreparable loss and injury. The impugned order directs the Petitioner to [Action, e.g., 'stop canteen operations'], which deprives me of my peaceful enjoyment and right to livelihood, a loss which cannot be compensated in money.
5.That the balance of convenience lies strongly in favour of the Petitioner. The hardship caused to the Petitioner by not granting the stay is immense and non-compensable, whereas the Respondent [e.g., 'D.M.R.C.'] will suffer no such prejudice as the matter is sub-judice.
6.It is therefore just and necessary in the interests of justice that this Hon'ble Court be pleased to stay the operation of the impugned order dated [Date] passed by [Lower Court Name] in [Case No.], pending the final disposal of the main Criminal Revision Petition.
