petition / procedural template

Quashing Petition for Malicious FIR (§ 528 BNSS)

High Court petition under Section 528 BNSS (formerly 482 CrPC) for quashing frivolous or politically motivated criminal proceedings.

This public draft is for civic rights literacy and procedural orientation. Have a qualified advocate review the facts, law, and filing requirements before use.

Template text

IN THE HIGH COURT OF JUDICATURE AT [INSERT BENCH]
CRIMINAL ORIGINAL PETITION UNDER SECTION 528 OF BNSS, 2023

IN THE MATTER OF:
[Insert Petitioner Name] ... PETITIONER
VERSUS
STATE & DE-FACTO COMPLAINANT ... RESPONDENTS

PETITION TO CALL FOR RECORDS AND QUASH FIR NO. [INSERT NO.]

1. The uncontroverted allegations in the impugned FIR do not disclose the commission of any cognizable offence against the Petitioner.
2. The criminal proceedings are manifestly attended with mala fide and instituted maliciously with an ulterior motive (State of Haryana v. Bhajan Lal).
3. Continuation of the impugned proceedings constitutes a gross abuse of judicial process.

PRAYER:
Call for records and quash FIR No. [Insert No.] pending on the file of [Insert Police Station].

Advocate for Petitioner

Back to all legal templates · Read related rights guides · Request legal help