HOW TO PREPARE A PETITION UNDER SECTION 491 CR. P.C TO RECOVER DETENUE FROM THE ILLEGAL CONFINEMENT OF POLICE THROUGH BAILIFF -Format-draft is given below please make necessary amendments as per facts of the case.

PETITION UNDER SECTION 491 CR. P.C TO RECOVER DETENUE FROM THE ILLEGAL CONFINEMENT

Purpose: To seek the custody of the person of detenue through court from the illegal confinement by invoking the jurisdiction of sessions court under the provision of section 491 Cr.P.C.

IN THE HON’BLE SESSIONS JUDGE (NAME OF DISTRICT)

P.No.____________/2022

            In the matter of:

            (full name, parentage, and address of the petitioner).

             …Petitioner

                                                        Versus

1.                  S.H.O. Police Station (name of P.S), District _____.

2.                  The State

…Respondents

PETITION UNDER SECTION 491 Cr.P.C FOR THE APPOINTMENT OF BAILIFF OF THE COURT TO RECOVER THE DETENUE NAMELY ___________________ FROM THE ILLEGAL CUSTODY /CONFINEMENT OF THE RESPONDENTS NO. 1

 Respectfully Sheweth,

 1.            That the brief facts of the case are that the detenue is the real brother of the petitioner, on 30.05.2016 at about 7:00 pm when the detune along with his friends was setting at near Glass Factory within the jurisdiction of respondent No.1. The police officials who were wearing plain clothes came to the spot and all were taken into custody and rushed towards Rawalpindi. Later on, the petitioner approached Respondent No. 1 for the release of detenue but they did not take any heed to the request of the petitioner.

2.            That the detenue is still illegal confinement of the respondent No. 1 and he is still confined within the police station (upper portion) where the police officer used as a sleeping room and till today the detenue was not produced  before any competent court and it also came into the knowledge of the petitioner that during the confinement of detenue he was severely beaten by the police officials and he is seriously injured.

3.            That the illegal detention and confinement of the detenue is without any lawful justification and cogent reason and the said act on the part of the respondents is a colorful exercise of their powers. Some official / Kar-e-Khas of the Police Station demanded illegal gratification from the petitioner for the release of the detenue, otherwise, they threatened that the detenue will be involved in any blind and in a heinous criminal case.

4.            That the arrest/confinement of detenue is illegal, unlawful and against the all cannons of justice, inter alia on the following grounds:

GROUNDS

a.      That the police have not adopted the legal procedure of taking in custody the detenue, the police have violated the provisions of the Police Order 2002 and rules thereof. They have also not complied with the provisions of the Cr. P.C in the process of arresting the detenue.

b.     That the detenue is absolutely innocent, he has not abetted and committed any offense. He belongs to a respectable family and he has never been involved either in any criminal case whatsoever.

c.      That due to the illegal confinement of detenue, the whole family of the detenue is facing hardships and mental agonies. 

d.     That the respondents took into their illegal custody of the detenue without any cogent reason and without registration of the case against them.

e.      That the fact is that free hand cannot be granted to Police to arrest even a criminal without any legal and factual justification. No Police Officer is competent to arrest any person, not shown in the Police Diary named in FIR and as the detenue who did not found involved in any case.

f.       That the abovementioned detenue has not been produced before any Court of law since their arrest. The detenue has not been dealt with accordance in with the law and the custody of the detenue by the respondents is arbitrary, capricious, and illegal confinement.

g.      That it is expedient in the interest of justice that production order of the aforementioned detenue may kindly be issued and they may be set at liberty.

In view of the above circumstances, it is most respectfully prayed that detenue be recovered from the illegal custody of the respondent No.1 within the premises of the police station (upper portion) which is used by the police officials as a living room and the bailiff may kindly be deputed for the said purpose on the expense of the petitioner, in the interest of justice.

Any other relief, that this Hon’ble Court deems fit and proper may also be granted to the petitioner.

Petitioner

Through

(counsel)

Important Note for filing of petition U/S 491 Cr. P.C before the high court.

1.      Power of Attorney or wakalatnama be filed along with the petition.

2.      The petitioner signs Wakalatnamana.

3.      It should be clearly mentioned whether it is the first, second, or third petition on the subject matter before this court is being filed.

4.      All relevant documents are necessary to be filed along with the petition.

5.      The petition is supported with an affidavit.