BEFORE THE HON. HIGH COURT OF XXXXXXX
W.P.NO.__________OF 2010 (Habeas Corpus)
Petitioner’s name………………………………………………………………..Petitioner
Vs.
Respondents name……………………………………………………………..Respondents
WRIT PETITION UNDER ARTS. 226/227 CONSTITUTION OF INDIA
I N D E X
Srl. No. Annex.Mkd. Particulars of annexures. Pages.
1. - Writ petition with affidavit.
2. P1 Photo copy of document 1
3. P2 Photo copy of document 2
4. P3 ……………..
5. - Vakalatnama.
6. - Application for urgent hearing.
7. - Application for permission to file and prosecute the petition during Court Holiday / vacations.
.
.
.
Place:,
Dated: dd/mm/yy.
(to be signed)
COUNSEL FOR PETITIONER
BEFORE THE HON. HIGH COURT OF XXXXXXX
W.P.NO.__________OF 2010 (Habeas Corpus)
Petitioner’s name…………………………………………………………….Petitoner
Vs.
1. The State of XXXX,
through the Principal Secretary,
Department of Home, Govt. of XX (State name here).
City, State name
2. The Superintendent of Police,
City name here, District name here
3. The Station House Officer,
Police Station, Jurisdiction name comes here, City name comes here,
District name comes here
4. The Senior Superintendent of Police,
Possible District / State where you feel he/she might be comes here
5. Station House Officer,
Possible Police Station / District where you feel he/she might be comes here
6. Name of person(s) you feel detaining him/her without his/her consent / comes
here with address
7. Name of other person(s) you feel detaining her without her consent / will
comes here with address
8. Name of wife comes here
RESPONDENTS
WRIT PETITION UNDER ARTS. 226/227 CONSTITUTION OF INDIA
DETAILS OF WRIT PETITION
1 PARTICULARS OF THE PETITIONER:
As per cause title above.
2. PARTICULARS OF THE RESPONDENTS:
As per cause title above.
3. PARTICULARS OF ORDER AGAINST WHICH PETITION IS BEING FILED
This petition is not directed against any particular order. The petitioner is filing this writ petition for issuing writ of Habeas Corpus directing the respondents 1 to 8 to produce before this Hon. Court (detained person relation to you), the respondent No.X Sri. XXXX, who have been illegally detained by the respondents X and X at (mention here name of place). The petitioner reported the matter to the police but no concrete action has been taken by the police (respondents X and X). Hence, this petition.
4. DELAY IN FILING PETITION IF ANY AND EXPLANATION THEREFOR:
The Petitioner declares that there is no delay in filing the petition requiring any explanation.
5. FACTS OF THE CASE
The Petitioner most humbly submits as under:
(a) The petitioner is resident of XXX. He has done XXXX and is an educated person residing at XXX.
(b) The respondent No.X Sri. XXXX is the (relation) of the petitioner.
(c) Particulars with regard to Annexure.P1., comes here, a copy of which is enclosed as Annexure.P1
(d) Particulars with regard to Annexure.P2 comes here, a copy of which is enclosed as Annexure.P2.
(e) ……………………………………………………………………
(f) ………………………………………………………………………
(g) Brief averments of illegal arrest
(h) …………………………………………………
(i). ……………………………………………..
……………………………………………………………..
…………………………………………………………………..
(j) From the above, it is evident that the respondents X and X have illegally detained the petitioner in their house and they threatened the petitioner of life and of false criminal case against him. The Police also seems to have not taken any action on the report of the petitioner in this connection and therefore, left with no alternative, the petitioner is approaching this Hon. Court for issuing a writ of habeas corpus directing the respondents X and X to produce the Mr. XXX, (relation) of the petitioner before this Hon. Court and appropriate action against the respondents X and X be directed to be initiated in accordance with law for their illegal act of detaining him/her. The respondents X to X be also directed to ensure that he/she is produced before thisHon. Court by the respondents X and X.
6. GROUNDS
(b) The act of the respondents X and X in detaining the (relation) of the petitioner and not permitting them to come back to petioner is illegal.
(c) For that the inaction on the part of police authorities respondents X and X on the report of the petitioner is per se illegal.
(d) For that the respondent No. X is the (relation) of the petitioner and therefore, the respondents X and X have committed an offence in illegally detaining them in their house(or somewhere else.. place of detention).
(e) For that the repeated requests of the petitioner to the respondents X and X to send his (relation) with him to XXX and allow him to meet him/her did not work and the petitioner was compelled on account of repeated threats to life of the petitioner.The respondents X and X have thus committed an offence punishable under the Indian Penal Code.
7. RELIEFS SOUGHT
The petitioner prays for the following reliefs:
(i) The Hon’ble High Court may be pleased to issue a writ of habeas corpus directing respondents X to X to immediately produce the respondent No. X Sri. XXXX, (relation) of the petitioner, before this Hon. Court.
(ii) The Hon’ble High Court may be pleased to issue appropriate writ or order directing respondent No.X to accompany the petitioner and the respondent authorities be directed to give protection to them.
(iii) The Hon’ble High Court may be further pleased to direct the respondent authorities to take appropriate action against respondents X and X for their illegal act of detaining the (relation) of the petitioner and not permitting them to come back to XXX along with the petitioner and for their act of not permitting the petitioner to meet his (relation) while at XXX (city name of them).
(iv) Any other order or direction deemed just and proper in the facts and circumstances of the case may also be passed, with cost of these proceedings.
8. INTERIM RELIEF
Nil.
9. MATTER NOT PENDING
The petitioner declares that no other petition or application is pending before any authority or Hon. Court in respect of the subject matter of this petition.
10. REMEDIES EXHAUSTED:
The petitioner further declares that he has no other alternative efficacious remedy available to him except approaching this Hon. Court.
11. LIST OF ENCLOSURES:
As per Index.
12. An affidavit in support of the petition is filed herewith.
Place,
Dated: XXX
COUNSEL FOR PETITIONER
IN THE HON. HIGH COURT OF XXXXX
W.P.NO.__________OF 2010 (Habeas Corpus)
Petitioner: XXX
Vs.
Respondents: State of XX. and others.
AFFIDAVIT
I, XXX, aged XXX years son of XXX, resident of Jabalpur, District XXX, the petitioner herein do hereby state the following on oath:
1. I am petitioner and am aware of the facts of the case. I have read and understood the contents of attached petition. I state that the petition has been drafted under my instructions.
2. I state that the contents of paragraphs 1 to -- of the said writ petition are true to my personal knowledge and belief, documents annexed, record of the case available, legal averments and grounds mentioned therein are true to legal advice and that I have not suppressed any material fact
DEPONENT
VERIFICATION
I, XXXX, the above named deponent do hereby verify at XXX this ___ day of XXX, 2010 that the contents of paragraphs 1 and 2 above of the affidavit are true to my personal knowledge and belief and that I have not suppressed any material fact.
DEPONENT
IN THE HON. HIGH COURT OF XXXXX
W.P.NO.__________OF 2010 (Habeas Corpus)
Petitioner: XXXX
Vs.
Respondents: State of XXX. and others.
APPLICATION FOR URGENT HEARING
The Petitioner above named humbly submits as under:
1. The Petitioner is filing the accompanying writ petition for reliefs claimed therein. The Petitioner has made out a good ground for interference of this Hon. Court.
2. It is submitted that as the petition is being filed seeking writ of habeas corpus and question of liberty of the (relation) of the petitioner is involved, the matter is urgent and requires immediate interference by this Hon. Court.
PRAYER
It is therefore humbly prayed that the Hon. Court may be pleased to take up the writ petition for hearing and orders urgently in the interest of justice.
XXX,
Dated: XXX.
COUNSEL FOR THE PETITIONER
IN THE HON. HIGH COURT OF XXXX
W.P.NO.__________OF 2010 (Habeas Corpus)
Petitioner: XXX
Vs.
Respondents: State of XX. and others.
APPLICATION FOR PERMISSION TO FILE AND PROSECUTE THE PETITION IN Holidays / VACATIONS.
The Petitioner above named humbly submits as under:
1. The Petitioner is filing the accompanying writ petition seeking writ of habeas corpus and hence the matter requires immediate interference by this Hon. Court.
2. As the matter is urgent, the petitioner is filing an application for urgent hearing.
3. It would be therefore expedient and in the interest of justice to permit the petitioner to file and prosecute the petition in summer vacations.
PRAYER
It is therefore humbly prayed that the Hon. Court may be pleased to permit the petitioner to file and prosecute the writ petition in summer vacations in view of the urgency involved in the interest of justice.
Place:
Dated: XXXXX
COUNSEL FOR THE PETITIONER
W.P.NO.__________OF 2010 (Habeas Corpus)
Petitioner’s name………………………………………………………………..Petitioner
Vs.
Respondents name……………………………………………………………..Respondents
WRIT PETITION UNDER ARTS. 226/227 CONSTITUTION OF INDIA
I N D E X
Srl. No. Annex.Mkd. Particulars of annexures. Pages.
1. - Writ petition with affidavit.
2. P1 Photo copy of document 1
3. P2 Photo copy of document 2
4. P3 ……………..
5. - Vakalatnama.
6. - Application for urgent hearing.
7. - Application for permission to file and prosecute the petition during Court Holiday / vacations.
.
.
.
Place:,
Dated: dd/mm/yy.
(to be signed)
COUNSEL FOR PETITIONER
BEFORE THE HON. HIGH COURT OF XXXXXXX
W.P.NO.__________OF 2010 (Habeas Corpus)
Petitioner’s name…………………………………………………………….Petitoner
Vs.
1. The State of XXXX,
through the Principal Secretary,
Department of Home, Govt. of XX (State name here).
City, State name
2. The Superintendent of Police,
City name here, District name here
3. The Station House Officer,
Police Station, Jurisdiction name comes here, City name comes here,
District name comes here
4. The Senior Superintendent of Police,
Possible District / State where you feel he/she might be comes here
5. Station House Officer,
Possible Police Station / District where you feel he/she might be comes here
6. Name of person(s) you feel detaining him/her without his/her consent / comes
here with address
7. Name of other person(s) you feel detaining her without her consent / will
comes here with address
8. Name of wife comes here
RESPONDENTS
WRIT PETITION UNDER ARTS. 226/227 CONSTITUTION OF INDIA
DETAILS OF WRIT PETITION
1 PARTICULARS OF THE PETITIONER:
As per cause title above.
2. PARTICULARS OF THE RESPONDENTS:
As per cause title above.
3. PARTICULARS OF ORDER AGAINST WHICH PETITION IS BEING FILED
This petition is not directed against any particular order. The petitioner is filing this writ petition for issuing writ of Habeas Corpus directing the respondents 1 to 8 to produce before this Hon. Court (detained person relation to you), the respondent No.X Sri. XXXX, who have been illegally detained by the respondents X and X at (mention here name of place). The petitioner reported the matter to the police but no concrete action has been taken by the police (respondents X and X). Hence, this petition.
4. DELAY IN FILING PETITION IF ANY AND EXPLANATION THEREFOR:
The Petitioner declares that there is no delay in filing the petition requiring any explanation.
5. FACTS OF THE CASE
The Petitioner most humbly submits as under:
(a) The petitioner is resident of XXX. He has done XXXX and is an educated person residing at XXX.
(b) The respondent No.X Sri. XXXX is the (relation) of the petitioner.
(c) Particulars with regard to Annexure.P1., comes here, a copy of which is enclosed as Annexure.P1
(d) Particulars with regard to Annexure.P2 comes here, a copy of which is enclosed as Annexure.P2.
(e) ……………………………………………………………………
(f) ………………………………………………………………………
(g) Brief averments of illegal arrest
(h) …………………………………………………
(i). ……………………………………………..
……………………………………………………………..
…………………………………………………………………..
(j) From the above, it is evident that the respondents X and X have illegally detained the petitioner in their house and they threatened the petitioner of life and of false criminal case against him. The Police also seems to have not taken any action on the report of the petitioner in this connection and therefore, left with no alternative, the petitioner is approaching this Hon. Court for issuing a writ of habeas corpus directing the respondents X and X to produce the Mr. XXX, (relation) of the petitioner before this Hon. Court and appropriate action against the respondents X and X be directed to be initiated in accordance with law for their illegal act of detaining him/her. The respondents X to X be also directed to ensure that he/she is produced before thisHon. Court by the respondents X and X.
6. GROUNDS
(b) The act of the respondents X and X in detaining the (relation) of the petitioner and not permitting them to come back to petioner is illegal.
(c) For that the inaction on the part of police authorities respondents X and X on the report of the petitioner is per se illegal.
(d) For that the respondent No. X is the (relation) of the petitioner and therefore, the respondents X and X have committed an offence in illegally detaining them in their house(or somewhere else.. place of detention).
(e) For that the repeated requests of the petitioner to the respondents X and X to send his (relation) with him to XXX and allow him to meet him/her did not work and the petitioner was compelled on account of repeated threats to life of the petitioner.The respondents X and X have thus committed an offence punishable under the Indian Penal Code.
7. RELIEFS SOUGHT
The petitioner prays for the following reliefs:
(i) The Hon’ble High Court may be pleased to issue a writ of habeas corpus directing respondents X to X to immediately produce the respondent No. X Sri. XXXX, (relation) of the petitioner, before this Hon. Court.
(ii) The Hon’ble High Court may be pleased to issue appropriate writ or order directing respondent No.X to accompany the petitioner and the respondent authorities be directed to give protection to them.
(iii) The Hon’ble High Court may be further pleased to direct the respondent authorities to take appropriate action against respondents X and X for their illegal act of detaining the (relation) of the petitioner and not permitting them to come back to XXX along with the petitioner and for their act of not permitting the petitioner to meet his (relation) while at XXX (city name of them).
(iv) Any other order or direction deemed just and proper in the facts and circumstances of the case may also be passed, with cost of these proceedings.
8. INTERIM RELIEF
Nil.
9. MATTER NOT PENDING
The petitioner declares that no other petition or application is pending before any authority or Hon. Court in respect of the subject matter of this petition.
10. REMEDIES EXHAUSTED:
The petitioner further declares that he has no other alternative efficacious remedy available to him except approaching this Hon. Court.
11. LIST OF ENCLOSURES:
As per Index.
12. An affidavit in support of the petition is filed herewith.
Place,
Dated: XXX
COUNSEL FOR PETITIONER
IN THE HON. HIGH COURT OF XXXXX
W.P.NO.__________OF 2010 (Habeas Corpus)
Petitioner: XXX
Vs.
Respondents: State of XX. and others.
AFFIDAVIT
I, XXX, aged XXX years son of XXX, resident of Jabalpur, District XXX, the petitioner herein do hereby state the following on oath:
1. I am petitioner and am aware of the facts of the case. I have read and understood the contents of attached petition. I state that the petition has been drafted under my instructions.
2. I state that the contents of paragraphs 1 to -- of the said writ petition are true to my personal knowledge and belief, documents annexed, record of the case available, legal averments and grounds mentioned therein are true to legal advice and that I have not suppressed any material fact
DEPONENT
VERIFICATION
I, XXXX, the above named deponent do hereby verify at XXX this ___ day of XXX, 2010 that the contents of paragraphs 1 and 2 above of the affidavit are true to my personal knowledge and belief and that I have not suppressed any material fact.
DEPONENT
IN THE HON. HIGH COURT OF XXXXX
W.P.NO.__________OF 2010 (Habeas Corpus)
Petitioner: XXXX
Vs.
Respondents: State of XXX. and others.
APPLICATION FOR URGENT HEARING
The Petitioner above named humbly submits as under:
1. The Petitioner is filing the accompanying writ petition for reliefs claimed therein. The Petitioner has made out a good ground for interference of this Hon. Court.
2. It is submitted that as the petition is being filed seeking writ of habeas corpus and question of liberty of the (relation) of the petitioner is involved, the matter is urgent and requires immediate interference by this Hon. Court.
PRAYER
It is therefore humbly prayed that the Hon. Court may be pleased to take up the writ petition for hearing and orders urgently in the interest of justice.
XXX,
Dated: XXX.
COUNSEL FOR THE PETITIONER
IN THE HON. HIGH COURT OF XXXX
W.P.NO.__________OF 2010 (Habeas Corpus)
Petitioner: XXX
Vs.
Respondents: State of XX. and others.
APPLICATION FOR PERMISSION TO FILE AND PROSECUTE THE PETITION IN Holidays / VACATIONS.
The Petitioner above named humbly submits as under:
1. The Petitioner is filing the accompanying writ petition seeking writ of habeas corpus and hence the matter requires immediate interference by this Hon. Court.
2. As the matter is urgent, the petitioner is filing an application for urgent hearing.
3. It would be therefore expedient and in the interest of justice to permit the petitioner to file and prosecute the petition in summer vacations.
PRAYER
It is therefore humbly prayed that the Hon. Court may be pleased to permit the petitioner to file and prosecute the writ petition in summer vacations in view of the urgency involved in the interest of justice.
Place:
Dated: XXXXX
COUNSEL FOR THE PETITIONER
