Parents kept in police station 5days by in laws and ci

Hi Rocky, What is the procedure to file 'Writ Petition (Article 226)' in High court? and by person if go to high court to whom I need to contact ? and where I have to file ' Writ Petition (Article 226)'  in High court? I went to High court  but security is not allowing me to go inside.

1) What is the procedure to Writ Petition (Article 226) in High court?

2) After flilling Writ Petition (Article 226) ,how many hearings I have to attend in Highcourt ?

3) When we get the the result about Writ Petition (Article 226)? 

Please advise. Thanks for your time Rocky (GOD)......

Mr. Srinivas,

As I fought Writ Petition in-person in Calcutta High Court, From that I am trying to give you answer.

Sample Writ Petition is their in my link. You have to modify the petition as per your case.

You have to make a entry pass to get into high court. You can affrim you petition from the commissioner and file the case in the computer section. You can hair a court clerk to help on this. After filing you will get a slip by mentioning your case number like WP 1234 (w) of 2014.

Before filing you have to take two xeroxs of the entire petition with all annexures. One is for your brief and another you have to serve to the Government Pleader (G.P.) and make a affidavit of service. During the hearing, you have to submit that to the Judge. G.P. Office is there in High Court itself. You haired clerk will help you on this. It is better that you type your petition from computer typist near the High Court since they know the exact format. There are some restrictions like - a page can contains only 20 to 21 lines. Not more than that.

You should file in Single Bench first. It might take 2-3 months. If you are aggrieved with the order then you can challenge it to the Division Bench.

Hi Rocky (GOD),Thanks for ur quick response.I will follow the same.....

"Hi Rocky (GOD), Please expalain about private complaint and time duration and advantages and disadvantages.If police dont accept to file FIR, what we have to do? Please advsie. Thanks for ur time."

I filed a private complaint case under 200 crpc against my wife. I will explain the process. It took me 4 months to get the bailable warrant issued against my wife.

Following are the steps to be followed with aprox cost.

         Particulars                                                                    Cost range            

1       Drafting of complaint by a lawyer                             Rs. 2000/- to Rs. 10000/-         

2       Filing of complaint                                                      Rs. 100/- to Rs. 200/-

3       Complainant statement u/s 200 crpc                     Rs. 500/- to Rs. 1500/-

4       Witness Statement u/s 202 crpc &                          Rs. 500/- to Rs. 1500/-

         filing of list of documents

5       2nd Witness Statement u/s 202 crpc                     Rs. 500/- to Rs. 1500/-

          & closing of evidence

6       Lawyer argument at cognizance point                    Rs. 1000/- to Rs. 2500/-

7       Cognizance order by court                                         Rs. 200/- to Rs. 500/-

8        Issue of summons                                                     Rs. 200/- to Rs. 500/-

9        If accused does not appear move                           Rs. 500/- to Rs. 1500/-

          for issue of BW

10     Issue of arrest warrant                                                Rs. 200/- to Rs. 500/- 

It may take between 4-6 months to get the warrant issued. And the cost can reach upto Rs. 20000/- for one case. 

There is a tendency with the police that they will act on the complain of 1st complainant. If you have evidence to convince the court that the ingredient is available to take cognizance under any particular IPC, one should pursue the private complaint case. It is slow in the beginning but it is very effective once the cognizance is taken. But if your case is weak, you will feel frustrated and defeated. So consult a lawyer before moving ahead.

 Please note that the proof required to take cognizance of the offence u/s 204 crpc is not as stringent as required for conviction.

I am not a lawyer. And whatever I have written is from my personal experience.