Writ petition against illegal harassment of the police. How to prepare a writ petition against the harassment of the police. The sample /draft is given below please make necessary amendments as per the facts of the case.


Writ petition against illegal harassment

Purpose of writ petition: To invoke the constitutional jurisdiction against the illegal harassment of the police.

 IN THE HONOURABLE (name of court)

W.P. No. _______/2021

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

…Petitioner

Versus

1.                  City Police Officer, (city’s name)

2.                  S.H.O Police Station (name of the police station)

3.                  Investigation officer (if any), (name of the police station)

4.                  (Name, parentage, and address of private respondent if any).

 …Respondents

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973

Respectfully Sheweth;

1.                  That the brief facts of the case are that the respondent No. 4, got registered a false, fake, frivolous, and fictitious FIR bearing No. 20/2020, dated 16.01.2020, U/S 377, 367-A, 34 PPC, P.S (name of the police station), District (name of district) with the allegation that the accused along with alleged co-accused namely XYZ (son of petitioner) committed sodomy with the grand paternal son of the complainant/respondent No. 4, hence this FIR. Copy of FIR is attached herewith as Annexure-A.

2.                  That in fact, the accused is the real maternal grandson of the complainant/respondent No.4, whereas the alleged victim is the real paternal grandson of the complainant/respondent No.4, and said accused and alleged victim are real cousins, whereas the alleged co-accused (son of petitioner) is the close friend of accused. 

3.                  That some family disputes arose in the family of the complainant/respondent No. 1 and due to these disputes, the respondent No. 4 got registered the above said FIR falsely involving the son of the petitioner.

4.                  That there is no crime is made out against the son of the petitioner, as the whole story of FIR has been planted by the complainant /respondent No. 4 with the grudge of said family disputes. The husband of the petitioner is abroad for earning livelihood for his entire family and the petitioner is the administrator of her whole family. The petitioner personally appeared before respondent No. 1 and informed him about the actual and factual circumstances but respondent No. 1 did not take any heed to the legitimate request of the petitioner.    

5.                  That the respondent No. 2 & 3 have not only been summoning the petitioner to the police station but also conducting the raid on the house of the petitioner on the instigation of the respondent No. 4 who is an influential person and has political links with the local politicians and the local police is playing in the hands of respondent No. 4. Respondents No. 2 to 3 also threatened the petitioner to kidnap her and her daughter and to involve them in some blind criminal cases.

6.                  That the respondent No. 2 & 3 are misusing their powers despite knowing the fact that the alleged victim and accused are real cousins and the family dispute also arises pending in their family and the alleged accused (son of petitioner) has no concern whatsoever with the family of the complainant as well as the instant false case.

7.                  That the respondent No. 2 & 3 have no legal right to harass, humiliate and pressurize the petitioner in any manner whatsoever on the behest of the complainant /respondent No. 4.

8.                  That the acts of the respondents are not only illegal, unlawful, void ab- initio but also infective, improper, unjust, and illegal upon the lawful rights of the petitioner which are protected by the Constitution of the Islamic Republic of Pakistan. 

9.                  That it is strong apprehension that the petitioner and her daughter would be kidnaped by the respondent No. 4 in connivance with the respondent No. 2 & 3, as the respondent No. 2 & 3 are plying in the hands of the respondent No. 4 due to his undue influential, hence the petitioner has no other remedy available except to invoke the jurisdiction of this Hon’ble Court. 

In the circumstances, it is humbly prayed that the instant a writ of prohibition be issued restraining the respondents No. 1 to 3 /police from overstepping their authority and curtailing the fundamental rights of the petitioner guaranteed by the Articles 4, 9 & 10 of the constitution of Islamic Republic of Pakistan 1973, in the interest of justice.

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

                                                                                    Petitioner

                                                Through

(Counsel)

 

Certificate:-

1.        Certified that this is the first petition before this Honourable Court on the subject.

2.        Certified that petition has arisen from violation, non-fulfillment of obligations under the Constitution of Islamic Republic of Pakistan 1973, and there is no alternate remedy availed to the petitioner.

3.        It is further certified that no such petition is pending or decided by the Supreme Court of Pakistan on the subject matter.

                                                                                                            Counsel

 

 

IN THE HONOURABLE (name of court)

W.P. No. _______/2021

(XYZ)    Vs        CPO, etc

WRIT PETITION

AFFIDAVIT

I, (full name, parentage, and address of the petitioner) do hereby solemnly affirm and declare as under: -

That the deponent has today filed as an above-referred writ petition before this Honourable Court, the contents of which are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

Deponent

Verification. Verified on Oath at ____on this __ day of Jan 2021, that the above deposition is true and correct to the best of my knowledge and belief.

                                                                   Deponent


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