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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