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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
Contract Easily
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
A "Petition under Section 107 of the Code of Criminal Procedure (Cr.P.C.)" is used to request the initiation of proceedings against a person who is likely to commit a breach of peace or disturb public tranquility. Here's a guideline for drafting such a petition and common mistakes to avoid:
Heading: Start with the court details, the name of the petitioner, and the nature of the petition (Petition under Section 107 Cr.P.C.).
Introduction: Clearly state the purpose of the petition, which is to request the court to take preventive action against a potential troublemaker.
Incident Details: Provide a detailed account of the circumstances that lead to the belief that the person in question might breach the peace. Include date, time, and location details.
Grounds for Action: Explain the reasons why you believe action under Section 107 Cr.P.C. is necessary to prevent a breach of peace or public disorder.
Witnesses and Evidence: If available, list witnesses and evidence that support your claims.
Legal References: Reference Section 107 of the Cr.P.C., which empowers the court to take preventive action.
Prayer for Relief: Request the court to initiate proceedings under Section 107 Cr.P.C. against the person in question.
Common Mistakes to Avoid:
Inadequate Explanation: Ensure that the reasons for seeking action under Section 107 Cr.P.C. are clearly and comprehensively explained.
Lack of Supporting Evidence: If available, include witness statements or documents that support your claims.
Failure to Reference Legal Provisions: Clearly reference the relevant section of the Cr.P.C. to support the petition.
Unclear Language: Use legally appropriate language and formatting in the petition.
Failure to Serve the Petition: Ensure that the petition is properly served to all relevant parties and the court.
Drafting a well-prepared Petition under Section 107 Cr.P.C. is essential to prevent potential breaches of peace or public disorder. Avoiding common mistakes enhances the chances of the petition's acceptance and ensures adherence to relevant laws and court procedures. Legal consultation or guidance may be necessary for precise execution.