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A criminal writ petition is a legal remedy sought by an aggrieved person when their

fundamental rights are violated or when they face injustice in criminal matters. Let’s delve
into the essential details:
1. What Is a Writ?
o A writ is a formal order issued by a court under its authority.
o A writ petition is an application filed before a court, requesting the issuance
of a specific writ.
2. Types of Writs in India:
o Habeas Corpus: This writ ensures that a person who is illegally detained is
brought before the court to examine the legality of their detention.
 Circumstances for filing:
 When a person is detained but not produced before a magistrate
within 24 hours of arrest (excluding travel time).
 When a person is arrested without violating any law.
 When a person is arrested with malicious intent.
o Mandamus: This writ compels a public authority or official to perform a duty
they are legally bound to perform.
o Certiorari: This writ is used to quash an order or decision of an inferior court
or tribunal.
o Prohibition: This writ prohibits an inferior court from exceeding its
jurisdiction or acting beyond its authority.
o Quo Warranto: This writ challenges the right or authority of a person holding
a public office.
3. Who Can File a Writ Petition?
o Any person whose fundamental rights are violated can file a writ petition.
o Article 32 allows filing directly in the Supreme Court, and Article 226 allows
filing in the High Court.
4. Where to File a Writ Petition?
o High Court: Under Article 226, for matters within the state’s jurisdiction.
o Supreme Court: Under Article 32, for fundamental rights violations.
IN THE HIGH COURT OF JUDICATURE AT _________

CRIMINAL ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. _______ OF 20____

IN THE MATTER OF:

[Petitioner's Name] ... Petitioner

VERSUS

[Respondent's Name]. Respondent

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

TO,
THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HIGH
COURT OF _________

The humble petition of the Petitioner above-named.

MOST RESPECTFULLY SHOWETH:

1. The Petitioner is a citizen of India, residing at [Petitioner's Address].

2. The Respondent is [describe the respondent and their role or position].

3. [Describe the facts of the case, the criminal act that has taken place, and any previous
actions taken.]

4. [Describe the grounds for the petition, why the petitioner believes the respondent has acted
unlawfully or failed in their duty.]

5. [State the relief sought from the court.]

PRAYER

In view of the facts & circumstances stated above, it is most respectfully prayed that this
Hon'ble Court may be pleased to:

[State the specific relief sought from the court.]

AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IN DUTY BOUND SHALL
EVER PRAY.

Petitioner
Through
[Petitioner's Advocate's Name]
Advocate
A Special Leave Petition (SLP) is a discretionary legal remedy available in the Indian legal
system, primarily under the jurisdiction of the Supreme Court of India. Here are the
essential details:
1. Purpose and Scope:
o An SLP allows individuals or entities to appeal to the Supreme Court for
challenging decisions made by lower courts or tribunals.
o It serves as a residual power that can be exercised only in cases where:
 A substantial question of law is involved.
 Gross injustice has been done.
2. When Can an SLP Be Filed?
o Under Article 136 of the Indian Constitution, an SLP can be filed in the
following circumstances:
 Against any judgment, decree, or order of any High Court or tribunal
in the territory of India.
 When the High Court declines to grant the certificate of fitness to
appeal to the Supreme Court.
Special Leave Petition (SLP)
In the Supreme Court of India

Special Leave Petition (Civil/Criminal) Diary No. [SLP Number] of [Year]

[Your Full Name] Petitioner

vs.

[Respondent’s Full Name] Respondent

To the Honourable Chief Justice and Judges of the Supreme Court of India

The petitioner above-named respectfully submits:

1. The petitioner has filed a criminal writ petition before the High Court of [State]
(details mentioned above).
2. The petitioner is aggrieved by the order/judgment passed by the High Court on [Date].
3. The grounds for seeking special leave to appeal to the Supreme Court are:
o [Specify the grounds, such as questions of law, constitutional issues, or
substantial injustice.]
4. The petitioner prays that this Honourable Court may be pleased to:
o Grant special leave to appeal against the order/judgment of the High Court.
o Stay the operation of the High Court’s order/judgment.
o Pass any other order that this Honourable Court deems fit.

[Your Full Name] Petitioner

Date: [Date]

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