Habeas Corpus Petition

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Habeas Corpus Petition under Article 226 of the Constitution of India format is hereby given below.

Note: This petition has to be supported by an Affidavit.

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IN THE HIGH COURT AT _______________________ 

DB HABEAS CORPUS WRIT _________ of 20___

IN THE MATTER OF:

ABC

Petitioner

Versus

  1. The State of _________ through the Chief Secretary, Govt. of __________ at __________
  2. The District Magistrate of _____________________
  3. The Superintendent _____________ Jail _________ at _________

Respondents

***

IN THE MATTER OF ARTICLE 226 OF THE CONSTITUTION OF INDIA

AND

IN THE MATTER OF DIRECTION, ORDER OR ORDERS AND/OR WRIT IN THE NATURE OF HABEAS CORPUS AND/OR ANY OTHER APPROPRIATE WRIT OR WRITS.

AND 

IN THE MATTER OF THE IMPUGNED ORDER OF DETENTION BEING ORDER NO. _______ DATED _____ PASSED BY________

***

To,

THE HON’BLE CHIEF JUSTICE & OTHER COMPANION JUDGES OF THE HIGH COURT OF JUDICATURE FOR ___________ AT ___________.

MAY IT PLEASE YOUR LORDSHIPS,

The humble petitioner above named respectfully submits as under:-

  1. That the petitioner is citizen of India and his description ______________.
  2. That the petitioner was arrested on _________ by an order being order No. ________ dated _______ passed by the respondent No.3 on _________ at_________ was put in the custody of respondent No. 2 in the Jail at ________.
  3. That the said order of detention dated ________ was passed under the ________ act for Indulging/committing _____________. The order detention annexed marked as “A”.
  4. That the petitioner was conveyed with the following grounds of detention under the said Act on __________. A copy of the grounds of detention is marked as annexure “B”.
  5. Made representation but went unheeded.
  6. Being aggrieved by and dissatisfied with the said order of detention and grounds of detention the said petitioner _________ to move to your Lordships on the following amongst the other.

GROUNDS

(I)

(II)

(III)

(IV)

(V)

       7.     It is incumbent upon the Respondents to set your petitioner at liberty and unless orders as prayed for herein are made, your petitioner will suffer irremediable loss and liberty.

       8.     The petitioner has no other alternative and the reliefs claimed hereinbefore, if granted, will give complete and effective relief.

        9.     The cause of action arises and the records of the case are lying within the jurisdiction of this Hon’ble court.

      10.     The application is made bona fide and is in interest of justice.

PRAYER

In view thereof the petitioner above named humbly and most respectfully prays that your Lordships may please be that 

  1. A writ in the nature of Habeas Corpus be issued commanding the Respondents for the production of body of your petitioner in the court and set at liberty.
  2. Any other order or orders and/or directions as your Lordships may deem fit and proper.

And petitioner as in duty bound, shall ever pray.

Date 

Petitioner

ADVOCATE 

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