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| Formats of Petition under Section 491 Cr.PC |
In the name of ALLAH, the most beneficent, the most
merciful
Format of Petition under
Section 491 Cr.PC for recovery of detainee from Police Station
IN
THE COURT OF SESSIONS JUDGE,
Mir Zaman son of
Muhammad Zaman resident of House No. 1, Street No. 4, Mohallah Shah Chan
Chiragh, Rawalpindi
…Petitioner
Versus
1.
S.H.O. P.S Pirwadhai,
2.
The State
Respondents
PETITION UNDER SECTION 491 CR.P.C FOR THE
APPOINTMENT OF BAILIFF OF THE COURT TO RECOVER THE DETAINEE MIR INAM SON
MUHAMMAD ZAMAN FROM THE ILLEGAL CUSTODY /CONFINEMENT OF THE RESPONDENT NO. 1
Respectfully Sheweth,
1.
That Mir Inam son of
Muhammad Zaman is the real brother of petitioner, who is doing job as Assistant
Executive in Pak Petroleum Company Limited,
2.
That the petitioner
and other family members tried to search
out Mir Inam, contacted his office and colleagues but it was told that Mir Inam
came to his office but left the office in the evening time at
3.
That on next day, on
4.
That the petitioner
and other family members went to Police Station Pirwadhai where petitioner’s
brother was present. The petitioner and others inquired that why and in what case, petitioner’s brother has
been detained in police station but the Police
Officials did not show any FIR against the petitioner’s brother and demanded
Rs. 50,000/- for release of the petitioner’s brother.
5.
That the arrest /
confinement of the brother of the petitioner is illegal, unlawful and against
the all cannons of justice, inter alia on the following grounds:
GROUNDS
a.
That the police of
Pirwadhai has not adopted the legal procedure of taking in custody the brother
of the petitioner, the police has violated the provisions of the Police rules.
b.
That the Police
Officials of Police Station Pirwadhai took into their illegal custody of the detainee
without any cogent reason and without registration of the case against him.
c.
That as Your Honour is
aware of the fact that free hand cannot be granted to Police to arrest even a
criminal without any legal and factual justification.
d.
That the detention of
the detainee by the police is without any case having been registered, is
illegal.
e.
That the
abovementioned detainee has not been produced before any Court of law since his
arrest. The detainee has not been dealt with accordance in law and the custody
of the detainee by the respondent is arbitrary, capricious and illegal
confinement.
f.
That it is expedient
in the interest of justice that production order of the aforementioned detainee
may kindly be issued and he may be set
at liberty.
PRAYER:
It is therefore
respectfully prayed that a bailiff may kindly be appointed for the recovery of
the detainee namely Mir Inam from the illegal custody of the respondent No.1
and the detainee may very graciously be set at liberty, in the interest of
justice.
Petitioner
Through
Advocate High Court
Format of Petition under
Section 491 Cr.PC for recovery of minors
IN THE COURT OF SESSIONS JUDGE RAWALPINDI
__________________________
…Petitioner
Versus
1.
________________________
2.
________________________
3.
SHO, P.S
________________________Rawalpindi.
Respondents
PETITION UNDER SECTION 491 CR.PC FOR THE
RECOVERY OF MINORS (1) ________________________
(D.O.B ______) (2) ________________________
(D.O.B ______) FROM IMPROPER
CUSTODY OF RESPONDENTS NO. 1& 2
Respectfully Sheweth:
1.
That the marriage
ceremony of the petitioner was solemnized with respondent No.1 on
2.
That after the
marriage petitioner started his life with
respondent No. 1. Out of this
wedlock, ABADI, two kids (1) _______(son) and _______ (daughter) were born.
3.
That after the
marriage, the difference between the parties cropped up and ultimately, the
petitioner pronounced divorce the respondent No1 on
4.
That the respondent No.1
contracted marriage with respondent No.2.
5.
That an affidavit was
executed by respondent No.1 on 15-02-2016, as per which, the respondent No. 1
agreed that the custody of minors will
lie with the petitioner and he will be responsible for the upbringing,
education, health of the minors.
Respondent No.1 further promised
not to claim the custody of minor and will not claim to take the minors with
her in the absence of petitioner. The
respondent No.1 was only authorized to take the minors with her subject to
permission of petitioner. As per affidavit, respondent No.1 was bound not to
file any suit/petition in any court, in case any suit is filed by the
respondent No.1, the petitioner will
have right to proceed against the respondent No.1 and respondent No.1 was liable to pay the expenses of legal
proceedings with costs.
6.
That after getting the
permanent custody of minor, the petitioner got the minors admitted in
“_______School”, (Proof is annexed).
7.
That the petitioner
went to _______and the entrusted the supervision of his children to his sister
_______for education purpose.
8.
That in summer
vacations 2017, the custody of minors were given to the respondent No.1 by petitioner only for
visiting/meeting but later on, after
meeting the minors, the respondent No.1
did not allow the minors go back to the petitioner.
9.
That the respondent
No.2 is
a labourer and put the minor ____________in hard labour work. The minor
daughter ______who is compelled by the respondent No.1 to live with respondent
No.2 who is “NAMAHRAM” for her.
10.
That the petitioner
tried to bring the minors from the custody of the respondent No. 1 and also
requested her to handover the custody of minors but the request of petitioner
remained unattended.
11.
That the acts of the
respondents No. 1 & 2 are totally illegal, improper and amounts to deprive
the minors from love and affection of their
real father (the petitioner). The minors are also willing/ want to come
back to their real father (petitioner)
12.
That the Honourable
Court is fully empowered to pass an order regarding the recovery of any person
who is illegally, forcibly, improperly confined by some one.
13.
That the petitioner
has no other efficacious remedy except to knock the door of this Honourable Court.
PRAYER:
In the circumstances, it is
humbly prayed that the minors (1) ____________ (2) __________may kindly be
recovered from the improper custody of respondents 1 & 2 through respondent
No. 3 and be handed over to the petitioner for the betterment of the minors.
Any other relief, which this
Honourable Court deems fit and proper may also be granted to the petitioner.
Petitioner
Through
Advocate High Court
CERTIFICATE
Certified as per
instruction received from the petitioner, this is the first petition ever moved
before this Honourable Court.
Counsel
Format of Petition under
Section 491 Cr.PC for recovery of wife
IN
THE COURT OF SESSIONS JUDGE,
______________________
…Petitioner
Versus
3.
________________________
4.
________________________
5.
SHO, Police Station
__________,
Respondents
PETITION UNDER SECTION 491 CR.P.C FOR RECOVERY
OF WIFE OF PETITIONER NAMELY _________FROM ILLEGAL AND IMPROPER CONFINMENT OF
RESPONDENTS NO. 1 & 2 THROUGH RESPONDENT NO.3
Respectfully Sheweth,
6.
That the petitioner
was married with ____ on
7.
That after about a
week of the marriage, wife of petitioner namely __________ along with her
father and maternal uncle went to her parents house at ____________________ but
since then she has not come back for the reasons that her family members i.e
respondents No. 1 (father) and respondent 2 (brother) are compelling her not to
join the petitioner.
8.
That wife of
petitioner ________ / detainee is willing to join the petitioner but is
constraint to do this for the reasons stated above.
9.
That detainee is still
under the illegal and improper confinement of respondents No. 1 & 2, who is
required to be released from their illegal and improper confinement.
10.
That act of
respondents No.1 & 2 is totally illegal and unlawful.
11.
That the Honourable
Court is fully empowered to pass an order regarding the recovery of any person
who is illegally, forcibly, improperly confined by some one.
12.
That the petitioner
has no other efficacious remedy except to knock the door of this Honourable
Court.
PRAYER:
It is therefore
respectfully prayed that respondent No. 3 be directed to recover the wife of
petitioner namely __________/ detainee from illegal and improper confinement of
respondents No. 1 & 2 and produce her before the Court, where after, the
detainee may kindly be set at liberty.
Any other relief,
which this Honourable Court deems fit and proper, may also be awarded to the
petitioner.
Petitioner
Through
____________
Advocate High Court
CERTIFICATE:-
As per information received, it is certified that this is
the first Petition on the subject matter being moved before this Honourable
Court.
Counsel
Format of Petition under
Section 491 Cr.PC read with section 561-A for release of convict from Jail
IN
THE
BENCH
Crl.
Misc No._________/2019
Zafran Khan son of
Muhammad Zaman resident of House No. 1, Street No. 4, Mohallah Shah Chan
Chiragh, Rawalpindi
…Petitioner
Versus
1.
The State
2.
Superintendent Jail
Adyala Rawalpindi
3.
Deputy Superintendent
Jail Adyala Rawalpindi
Respondents
PETITION UNDER SECTION 491 CR.P.C. READ WITH SECTION
561-A CR.P.C.
Respectfully Sheweth:-
1. That the addresses of the parties for the purpose of
service are the same as given in the heading of the petition.
2. That brief facts of the case are that the petitioner was
convicted in Case FIR No. _____ of 2011 registered under section 302, 324, Read
with section 34 of the Pakistan Penal Code, 1860, registered in Police Station
Banni Rawalpindi.
3. That the petitioner was convicted on 15.02.2012 by Learned
Session Judge Rawalpindi
a.
Under Section 302-(b)
and was awarded sentence of death besides payment of compensation to the tune
of Rs.1,00,000/- under section 544-A of the code of Criminal Procedure, 1898.
b.
Under section 324 of
PPC and was awarded punishment of R.I. for 7 years and also directed to pay to
the tune of Rs.25,000/- in default of which was to further undergo 3 months
imprisonment for murderous assault upon Mst. Kanwal Shahzadi
c.
Under Section 337-F(i)
of PPC and awarded punishment of Daman of Rs.10,000/- and imprisonment for a
period of one year. (injured Witness PW-10)
4. That the petitioner has filed an appeal before this
Honorable Court and the same was dismissed on 22.09.2014. However the
punishment of death sentence of the petitioner was converted into life
imprisonment but order regarding quantum of compensation was maintained.
5. That both the parties filed criminal leave to appeal
before the Supreme Court of Pakistan and the same was dismissed and leave to
appeal was refused vide judgment dated: 13.03.2015 by the Honorable Supreme
Court of Pakistan and judgment of the Honorable Lahore High Court Rawalpindi
Bench Rawalpindi was maintained.
6. That the petitioner has deposited a compensation for legal
heirs of deceased before the Court.
7. That the petitioner was arrested on 23.05.2011 and he has
also paid compensation before the ASJ Rawalpindi for sum of Rs.1,10,000/- and
after that he is in Adyala Jail Rawalpindi till now.
8. That the petitioner is also entitled to get relief from Jail Authority as per
Government Notification for time of Holidays, remittance and other facilities
which the petitioner is liable to be entitled according to law.
9. That now the petitioner has remained in jail for more than
his conviction and he is liable to be released from the jail but the
respondents are not releasing the petitioner from the jail illegally, forcibly
and with malafide intention.
10.
That the petitioner
many times requested to the respondents to release him from the jail but they
are adamant to do so, hence this petition.
11.
That according to the
Constitution of Islamic Republic of Pakistan, every citizen of this country
cannot deprive from his legitimate rights and fundamental rights cannot be
infringed but in the instant matter, the fundamental rights of the petitioners
have been infringed and they have been deprived of from his fundamental and
valuable rights.
12.
That the respondents
are not performing their duties enjoined upon them according to law and
constitution fairly and impartially.
13.
That the acts of the
respondents are illegal, unlawful, improper misuse of powers on their part,
which ineffective/ inoperative upon the fundamental rights of the petitioner.
14.
That the respondents
are misusing their powers and authorities which is against the law and
constitution of Islamic
15.
That the petitioner has no other alternative remedy available to the petitioner,
except to invoke the constitutional jurisdiction of this Honorable Court.
PRAYER:-
In the circumstances,
it is therefore respectfully prayed that the instant petition may kindly be
accepted and a direction may kindly be issued to the respondents to release the
petitioner from the Jail, in the interest of justice
Any other relief which this Honorable Courts deems fit and proper may
also be awarded to the petitioner.
Petitioner
Through
Counsel
CERTIFICATE:
Certified as per
information that this is the first petition in this Honorable Court on subject
matter against the impugned act of the respondents.
Advocate
It is further
certified that nothing is pending before Honorable Supreme Court of Pakistan on
the subject matter.
Advocate