IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. ………OF 2024
IN THE MATTER OF:
MR. XYZ SON OF MR RAM
RESIDENT OF 154-A, VASANT VIHAR,
RIVER HEIGHTS, MUMBAI, 253604 …………….PETITIONER
versus
STATE OF MAHARASTRA
THROUGH PRINCIPAL SECRETORY
DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT OF MAHARASTRA, MUMBAI,
MAHARASTRA, 546201
SUPRITENDENT OF POLICE,
RIVER HEIGHT, MUMBAI
STATION HOUSE OFFICER,
RIVER HEIGHT POLICE STATION, MUMBAI …………….. RESPONDANT
PAPER - BOOK
FOR INDEX KINDLY SEE INSIDE
FILED BY:
(ADVOCATE FOR THE PETITIONER)
FILED ON:
INDEX
Sr. No. Particulars Pages
1. Synopsis and List of Dates
2. Writ Petition Along With Affidavit in
support
3. Annextures
4. Applications
SYNOPSIS
1. That, Mr. XYZ son of Mr. Ram is resident of 154-A, Vasant Vihar, River Heights,
Mumbai, 253604 worked as Human Resource officer with the legal firm named Major
Lex Best Services Pvt. Ltd., River Height, Mumbai.
That, Petitioner was working there with hard work and perseverance but on 2 March
(Two March), 2019 a complaint was filed against Mr. Deep who was finance officer
of the firm who had opened a salary bank account with the State Bank with out
authorisation of the authorities of the firm. It was alleged that Mr. Deep conspired
with the Mr. XYZ (petitioner) who had collected amount of Rs. 47 lakhs (Rupees
Fourty Seven Lakhs only) from 120 Job Aspirants.
That the FIR (121/2019) was registered against the petitioner on 4 March 2019 (Four
March,2019) at the River Height Police Station, Mumbai under Sections 420,
506,120B IPC, 1860.
That, another FIR (191/2019) was registered against the Petitioner dated 15 th
May,2019 (Fifteen May,2019) at Palm View Police Station, Mumbai under Section
408, 420 & 120B IPC, 1860.
That, the chargesheet was submitted in the case having FIR no. 121/2019 and
resulting to which order of detention was passed against the petitioner on date 11
October (Eleven October) , 2020.
That, the order dated Eleven October, 2020 was challenged before the Hon’ble High
Court of Bombay in petition under Article 226 of the Constitution of India under the
provisions of Maharashtra Preventive Detention Act, 1978.
That, the divisional bench of Hon’ble High Court of Bombay rejected the petition
resulting in presenting the writ of Habious Corpus before the Hon’ble Supreme Court.
GROUNDS:
That, the petitioner is under wrongful detention as under the provisions of the
Maharashtra Preventive Detention Act, 1978 provides the detention on the ground
that the accused have caused threat to the security and integrity of the state and
nation, but in present case no such offence neither registered in FIR nor such activity
done by the accused.
That, the petitioner is law abiding, truthful and very nationalist citizen and has never
been involved in any offence prior to the same. The petitioner is wrongly trapped
in the net by making conspirator along with the main accused.
That the petitioner’s fundamental rights under Article 21 and 19 (1) (d) is violated
resulting in breach of the fundamental rights of the constitution of India.
LIST OF DATES
SR. DATE PERTICULAR
NO.
1. 02/03/2019 Complain was filed against the Petitioner
(Two March,2019)
2. 04/03/2019 FIR ( NO. 121/2019) was lodged against petitioner
(Four March,2019) at the River Height Police Station, Mumbai under
Sections 420, 506,120B IPC, 1860
3. 15/03/2019 FIR (191/2019) was registered against the
(Fifteen May,2019) Petitioner at Palm View Police Station, Mumbai
under Section 408, 420 & 120B IPC, 1860
4. 05/05/2020 the petitioner was arrested in first case ( FIR no.
(Five May, 2020) 121/2019)
5. 24/05/2020 (FIR No. 191/2019) the execution of arrest warrant
(Twenty Four May, was done
2020)
6. 23/05/2020 the petitioner was released on bail in the case
(Twenty three May) having FIR No. 121/2019
2020
7. 27th the petitioner was released on the bail in the second
(Twenty Seven case having FIR No. 191/2019
July) 2020
8. 11/10/2020 order of detention was passed against the petitioner
(Eleven October, on date
2020)
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. ………OF 2024
IN THE MATTER OF:
MR. XYZ SON OF MR RAM
RESIDENT OF 154-A, VASANT VIHAR,
RIVER HEIGHTS, MUMBAI, 253604 …………….PETITIONER
versus
STATE OF MAHARASTRA
THROUGH PRINCIPAL SECRETORY
DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT OF MAHARASTRA, MUMBAI,
MAHARASTRA, 546201
SUPRITENDENT OF POLICE,
RIVER HEIGHT, MUMBAI
STATION HOUSE OFFICER,
RIVER HEIGHT POLICE STATION, MUMBAI …………….. RESPONDANT
PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR
ISSUANCE OF A WRIT IN TH ENATURE OF HABIOUS CORPUS UNDER ARTICLE
32 OF CONSTITUION OF INDIA
TO
Hon’ble The Chief Justice OF India and his Lordship’s Companion Justices of
The Supreme Court of India. The Humble petition of the Petitioner abovenamed.
MOST RESPECTFULLY SWEWETH:
1. That, Mr. XYZ son of Mr. Ram is resident of 154-A, Vasant Vihar, River Heights,
Mumbai, 253604 worked as Human Resource officer with the legal firm named Major
Lex Best Services Pvt. Ltd., River Height, Mumbai.
2. That, Petitioner was working there with hard work and perseverance but on 2 March
(Two March), 2019 a complaint was filed against Mr. Deep who was finance officer of
the firm who had opened a salary bank account with the State Bank with out
authorisation of the authorities of the firm. It was alleged that Mr. Deep conspired with
the Mr. XYZ (petitioner) who had collected amount of Rs. 47 lakhs (Rupees Fourty
Seven Lakhs only) from 120 Job Aspirants.
3. That, it was also falsely alleged by the firm in the complaint that the Petitioner
conspired along with Mr. PQR who was account analyst in the firm and both planned
to collect the money by misrepresenting the aspirants the they were given job at the
firm. The copy of complaint attached as Annexture 1.
4. That, the aspirants protested against it and asked to take action against from the firm
and the government resulting in which firm had taken action and fired Mr. XYZ , Mr.
PQR and Mr. Deep from their respective offices.
5. That, the FIR (121/2019) was registered against the petitioner on 4 March 2019 (Four
March,2019) at the River Height Police Station, Mumbai under Sections 420, 506,120B
IPC, 1860. Copy of FIR affixed as Annexture 2.
6. That, another FIR (191/2019) was registered against the Petitioner dated 15 th May,2019
(Fifteen May,2019) at Palm View Police Station, Mumbai under Section 408, 420 &
120B IPC, 1860 on behalf of another informant on the same information as was
registered earlier. Copy of FIR is attached as Annexture 3
7. That, Mr. XYZ the petitioner was arrested in first case ( FIR no. 121/2019) on 5th May(
Five May), 2020 and in the second case (FIR No. 191/2019) the execution of arrest
warrant was done on 24 May, 2020.
8. That, the petitioner was released on bail in the case having FIR No. 121/2019 on date
23rd May( Twenty three May) 2020, with the condition that he shall appear before SHO,
River Height Police Station, Mumbai on every Sunday between 11:30 AM to 5:30 PM
till the filling of the chargesheet. The order sheet of bail was attached as annexture 4.
9. That, the petitioner was released on the bail in the second case having FIR No. 191/2019
by order dated 27th July (Twenty Seven July) 2020 with the condition that he will appear
before the SHO, Palm View Police Station, Mumbai on every Saturday between 11:30
AM and 5:30 PM for period of three months. The order sheet is attached as annexture
5.
10. That, the chargesheet was submitted in the case having FIR no. 121/2019 and resulting
to which order of detention was passed against the petitioner on date 11 October (Eleven
October) , 2020. The order sheet is attached as Annexture 6.
11. That, the order dated Eleven October, 2020 was challenged before the Hon’ble High
Court of Bombay in petition under Article 226 of the Constitution of India under the
provisions of Maharashtra Preventive Detention Act, 1978.
12. That, the divisional bench of Hon’ble High Court of Bombay rejected the petition
resulting in presenting the writ of Habious Corpus before the Hon’ble Supreme Court.
QUESTION OF LAW:
1. The fundamental rights of the petitioner is violated which are provided under the Article
21 of the constitution of India, i.e, right to life and liberty.
2. The fundamental right of the petitioner is violated under the article 19(1)(d) of the
Constitution of India.
GROUNDS:
1. That, the petitioner is under wrongful detention as under the provisions of the
Maharashtra Preventive Detention Act, 1978 provides the detention on the ground that
the accused have caused threat to the security and integrity of the state and nation, but
in present case no such offence neither registered in FIR nor such activity done by the
accused.
2. That, the petitioner is law abiding, truthful and very nationalist citizen and has never
been involved in any offence prior to the same. The petitioner is wrongly trapped in the
net by making conspirator along with the main accused.
3. That the petitioner’s fundamental rights under Article 21 and 19 (1) (d) is violated
resulting in breach of the fundamental rights of the constitution of India.
AVERMENT:
That the present petitioner has not filed any other petition in any High Court or The
Supreme Court of India on the subject matter of the present petition.
PRAYER
In the above premises, it is prayed that this Hon’ble Court may be pleased:
i. To pass the Writ of Habeous Corpus to the respondent to present the petitioner
before the hon’ble court.
ii. To pass the order of release of the petitioner from the illegal detention of the
government authorities.
iii. To pass such order setting aside the orders of the Hon’ble High Court of Bombay.
iv. To pass such other order and further orders as may be deemed necessary on the facts
and circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS INDULY
BOUND, EVER PRAY.
FILED BY:
MRS. ABC
PETITIONER IN PERSON
DRAWN:
FILED ON:
VERIFICATION
I, MR. XYZ SON OF MR RAM RESIDENT OF 154-A, VASANT VIHAR, RIVER
HEIGHTS, MUMBAI, 253604 THROUGH MRS. ABC WIFE OF MR.XYZ, plaintiff, do
hereby acknowledge that the aforesaid paragraph number 1 to 12 are true as per my personal
knowledge and question of law and grounds are true as per legal advice received by my
counsel.
Place: The Supreme Court Of India,New Delhi Plaintiff Signature:
Date: Advocate Signature
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. ………OF 2024
IN THE MATTER OF:
MR. XYZ SON OF MR RAM
RESIDENT OF 154-A, VASANT VIHAR,
RIVER HEIGHTS, MUMBAI, 253604
THROUGH MRS. ABC WIFE OF MR. XYZ …………….PETITIONER
versus
STATE OF MAHARASTRA
THROUGH PRINCIPAL SECRETORY
DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT OF MAHARASTRA, MUMBAI,
MAHARASTRA, 546201
SUPRITENDENT OF POLICE,
RIVER HEIGHT, MUMBAI
STATION HOUSE OFFICER,
RIVER HEIGHT POLICE STATION, MUMBAI ……………….. RESPONDANT
AFFIDAVIT
I, MR. XYZ SON OF MR RAM RESIDENT OF 154-A, VASANT VIHAR,
RIVER HEIGHTS, MUMBAI, 253604 THROUGH MRS. ABC WIFE OF MR.XYZ, do
hereby solemnly affirm and declare that:
1. That deponent is the plaintiff in the above-mentioned suit and fully conversant with
the facts and able to dispose about the same.
2. That deponent have read and understood the contents of the accompanying plaint and
the contents of the same are true and correct to my knowledge and that no part of it is
false and nothing material has been concealed therefrom.
3. That the contents of the plaint are not being repeated here for the sake of brevity and
same shall be considered as part of this affidavit also.
4. That the content of the plaint is drafted by my counsel and I am well versed with facts
of the plaint.
5. That the annexure filed with the plaint are true copies of their respective originals.
DEPONENT:
VERIFICATION
I, MR. XYZ SON OF MR RAM RESIDENT OF 154-A, VASANT VIHAR, RIVER
HEIGHTS, MUMBAI, 253604 THROUGH MRS. ABC WIFE OF MR.XYZ, confirms and
verifies that the statement made by the deponent is true. I confirm the correctness of contents
of paragraph 1 to 5 are true to my knowledge and nothing material has been concealed
therefrom.
DATE: DEPONENT:
PLACE: The Supreme Court of India, New Delhi ADVOCATE SIGNATURE:
