{"id":1206,"date":"2018-05-11T06:53:41","date_gmt":"2018-05-11T06:53:41","guid":{"rendered":"http:\/\/atmateen.com\/?p=1206"},"modified":"2018-05-11T06:53:41","modified_gmt":"2018-05-11T06:53:41","slug":"petition-u-s-491-cr-pc","status":"publish","type":"post","link":"https:\/\/atmateen.com\/petition-u-s-491-cr-pc\/","title":{"rendered":"Format of Petition U\/S 491 Cr.PC For Habeas Corpus"},"content":{"rendered":"\n
Petition U\/S 491 Cr.PC is filed when a person is held under unlawful custody without any cause. It doesn’t matter who and which authority kept that person under confinement.<\/p>\n\n\n\n
The only question which has to be proved is whether the custody is unlawful, without following due course of law. <\/p>\n\n\n\n
The application u\/s 491 Cr.pc is usually filled in session court. But initial wording of section 491 gave power to the High Court. That High Court has delegated its power to session court just to lessen the burden of a writ petition under habeas corpus.<\/p>\n\n\n\n
It’s because Article 9 of the Constitution of Pakistan 1973<\/a> guarantees the security of a person. It prohibits the deprivation of the right to personal liberty save in accordance with the law.<\/p>\n\n\n\n Read Also:<\/strong> How Remand Under Cr.P.C is Granted- Meaning, Types, and Procedure<\/a><\/p>\n\n\n\n This guarantee is further reinforced by Article 4, which states that every person shall enjoy the protection of the law and be dealt with in accordance with the law.<\/p>\n\n\n\n These provisions indeed establish the principle of rule of law and due process procedure.<\/p>\n\n\n\n As per the wording of section 491, any high court has the power to issue directions of the nature of a Habeas Corpus where a petition u\/s 491 Cr.PC is filed. The court can direct that;<\/p>\n\n\n\n (a) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be Below are some instances where a\u00a0Petition U\/S 491 Cr.PC can be filed;<\/p>\n\n\n\n If you stuck in a situation where you think a petition u\/s 491 Cr.PC has to be moved then get our legal help<\/a>. We have provided here a sample draft of petition u\/s 491 Cr. PC.<\/p>\n\n\n\n Thought below application u\/s 491 of Cr.PC is concerned with police officials but the same with minor changes can be used by the father of a minor.<\/p>\n\n\n\n IN THE COURT OF SESSIONS JUDGE, RAWALPINDI.<\/strong><\/p>\n\n\n\n In the matter of:<\/p>\n\n\n\n MHU son of PKH resident of __________ District Rawalpindi.<\/p>\n\n\n\n \u2026Petitioner<\/strong><\/p>\n\n\n\n Versus<\/p>\n\n\n\n \u2026Respondents<\/strong><\/p>\n\n\n\n PETITION U\/S 491 CR.PC FOR HABEAS CORPUS AND 22-A Cr. P.C FOR THE APPOINTMENT OF BAILIFF OF THE COURT TO RECOVER THE DETENUE NAMELY MNA & AMA FROM THE ILLEGAL CUSTODY \/CONFINEMENT OF THE RESPONDENT NO. 1.<\/u><\/strong><\/p>\n\n\n\n Respectfully Sheweth,<\/strong><\/p>\n\n\n\n GROUNDS<\/strong><\/p>\n\n\n\n In these circumstances, it is respectfully prayed that the Petition u\/s 491 Cr.PC for Habeas Corpus may kindly be allowed and detenu MNO son of MHU and AMA son of BHU residents of _____ Tehsil Kahuta District Rawalpindi from the illegal custody of the respondents may very graciously be set at liberty.<\/p>\n\n\n\nSection 491 of Cr. PC<\/h2>\n\n\n\n
dealt with according to law:
(b) that a person illegally or improperly detained in public or private custody within such limits be set at
liberty;
(c) that a prisoner detained in any jail situate within such limits be brought before Court to be there
examined as a witness in any matter pending or to be inquired into in such Court;
(d) that a prisoner detained as aforesaid be brought before a Court-martial or any Commissioners for trial
or to be examined touching any matter pending before such Court-martial or Commissioners respectively.
(e) that a prisoner within such limits be removed from one custody to another for the purpose of trial; and
(f) that the body of defendant within such limits be brought in on the Sheriff’s return of cepi corpus to a
writ of attachment.
(2) The High Court may, from time to time, frame rules to regulate the procedure in the cases under this
section.
(3) Nothing in this section applies to persons detained under [any other law providing for preventive
detention.]<\/p>\n\n\n\nApplication of Section 491 of Cr. PC<\/h2>\n\n\n\n
Format of Petition U\/S 491 Cr. PC<\/h2>\n\n\n\n