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APP BEF MAG SESSIONS TO INITIATE CONT PROC AG POLICE OFFIC FOR ILLEGAL ARREST

Application to the Magistrates Court / Sessions Court, for making Reference to the High Court to initiate Contempt proceedings against the concerned Police officer who has acted in willful disregard of Apex Court rulings, more particularly, rulings in D K Basu case, Joginder Kumar case / Arnesh Kumar case, etc.

The Application may be taken in the form of a Misc. Application, duly verified by the Applicant. No particular form appears to have been prescribed for this Application.  (S.10 of Contempt of Courts Act, 1971)

A broad approach to drafting of any case may be undertaken in three chronological “Heads” –
1.      Reliefs prayed for / claimed;
2.      Grounds for Reliefs prayed for / claimed; (both factual and legal);
3.      Narration of facts substantiating the said grounds.
4.      Further, there may be narration of such facts in the   beginning of the draft, which would lay foundation for “material facts of the case”.
5.      Grounds for Reliefs prayed for / claimed implies (a) the essence / conclusion of material facts; and (b) other legal provisions which supports the reliefs prayed for / claimed.






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