4. Prepare a writ petition against state under article 226 of the Constitution for issuance of writ of Habeas Corpus on the basis of the assumed facts.

Here is a sample writ petition under Article 226 of the Constitution of India for the issuance of a writ of Habeas Corpus, based on assumed facts. 

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IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR 

WRIT PETITION (CRIMINAL) UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

FOR ISSUANCE OF WRIT OF HABEAS CORPUS

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IN THE MATTER OF:

[Name of Petitioner]

S/o [Father’s Name],

Aged [Age] years,

Resident of [Full Address],

Mobile No.: [Contact No.]

...Petitioner

VERSUS

1. State of [State],
   Through the Secretary, Department of Home Affairs,
   [Secretariat Address]

2. Superintendent of Police,
   [District Name], [District Address]

3. Station House Officer,
   [Police Station Name], [Address]
   ...Respondents

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TO,

The Hon’ble Chief Justice and His Companion Justices of the Hon’ble High Court of Chhattisgarh,
The humble Petition of the Petitioner above named:

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MOST RESPECTFULLY SHOWETH:

1. Facts of the Case:

That the petitioner is filing this writ petition under Article 226 of the Constitution of India for issuance of a writ of Habeas Corpus for immediate release of the petitioner's brother, Mr. Ramesh Kumar, aged 25 years, who has been illegally and unlawfully detained by the local police of [Police Station Name], District [District Name], since 01.06.2025 without any charge, FIR, or production before a Magistrate within 24 hours, in violation of Article 22(2) of the Constitution of India.

2. That Mr. Ramesh Kumar was picked up by the police at about 10:00 AM on 1st June 2025 from his residence without providing any reasons or warrant of arrest. Since then, he has not been produced before any court nor has any formal charge been disclosed.

3. That the petitioner made several written and verbal representations to the concerned police authorities and the District Superintendent of Police, but no information has been provided regarding the whereabouts or the legal grounds of detention of Mr. Ramesh Kumar.

4. That the illegal detention is violative of the fundamental right to life and personal liberty under Article 21 and the procedure established under Article 22 of the Constitution of India.

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GROUNDS:

a) Because the detention is wholly illegal, arbitrary and without authority of law.
b) Because the detenu has not been informed of the grounds of arrest or detention.
c) Because he has not been produced before a Magistrate within 24 hours as mandated by law.
d) Because such detention is in direct contravention of fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India.

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PRAYER:

In view of the facts stated above, it is most respectfully prayed that this Hon’ble Court may be pleased to:

1. Issue a writ of Habeas Corpus, directing the respondents to produce Mr. Ramesh Kumar, the brother of the petitioner, before this Hon’ble Court and to set him at liberty forthwith;

2. Call for the records pertaining to the alleged illegal detention;

3. Pass such other order(s) as this Hon’ble Court may deem just and proper in the interest of justice.

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AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL EVER PRAY.

Filed by:
[Name of Advocate]
Advocate for the Petitioner
[Address, Bar Enrolment No., Contact Info]

Place: [City]
Date: [DD/MM/YYYY]

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VERIFICATION

I, [Name of the Petitioner], S/o [Father’s Name], aged [Age] years, resident of [Address], do hereby verify that the contents of the above petition are true and correct to my personal knowledge and belief.
Verified at [City], this [Day] of [Month], 2025.

Petitioner
(Signature)