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Legal Format & Draft

Petition for a Writ of Habeas Corpus under Art,226

Reference draft used in Indian courts — replace the blanks with your own case details.

In the High Court at ................... ........................................ ..................................... Petitioner
versus
(1) State of............., through Chief Secretary thereof at............} Respondents.
}
(2) Superintendent, District jail.......................................... }
In the matter of ................ of ..................
Petition for a writ of habeas corpus under Art. 226 of the Constitution of India
Cr. Revision No.......... of..........
The petitioner above named states as under :
1. That Shri ............................... of .......... above named was arrested on ......... under a
warrant issued by the ......................... and has been detained under the
......... Act and is confined to ......... Jail.
2. That the said Shri ......................... was not served with the grounds of detention for more
than a month after his arrest. He applied to the State. Government for such grounds but the
same have not yet been delivered to him.
3. That the said Shri ...................... has not been able to make his representation. He has
been deprived of his fundamental rights under the Constitution of India.
4. That the detention of the said Shri ................................ is illegal and arbitory.
5. That the said Shri.................................. is unable to present a petition for a writ of habeas
corpus personally. The petitioner is (here show relationship or a friend of the said Shri
.............................)
6. It is prayed that a writ of habeas corpus be issued for production of the body of the said
Shri....................................... in court and be set at liberty.
N.B. - An affidavit in support of the petition is filed herewith.
(Sd.) Petitioner
Date.................

Using this format

This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.

Our Civil Litigation team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. Our civil litigation team drafts, files and argues these applications in Kolkata courts.

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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.

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