Drafting a mandamus writ petition against the crimes on us
01-May-2025 (In Criminal Law)
Please clarify my doubts on mandamus writ petition 1) Can I mention police (govt official) as the only respondents in writ or else the other actual accused names(other than govt officials) also as respondents in mandamus 2) Can I write everything that is described in my police complaint/private complaint as it is in my mandamus writ petition 3)What is the fee of an advocate for mandamus writ petition 4) Is there anyone who can help me in drafting a mandamus writ petition ? Thanks in advance
1) Who can be made respondents in a Mandamus writ petition?
Primarily: Mandamus lies only against a public authority or government official who has failed to perform a statutory/public duty.
So yes, you can make only police officers (govt officials) as respondents.
You should NOT add private individuals or the actual accused (non-government actors) as respondents in a Mandamus writ. They are not the subject of the writ; the writ is about forcing the govt authority to act (e.g., to register FIR or proceed with investigation)
2) Can you reproduce your police/private complaint as-is in the Mandamus writ petition?
• Short answer: No, not “as-is”.
• You can refer to the contents of the police/private complaint, but your writ petition should focus on:
• The failure/refusal of the govt officer (like SHO/SP/Collector) to act,
• The statutory duty violated (e.g., under CrPC 154 or 156(3)),
• And prayer seeking direction to perform that duty (e.g., register FIR/investigate).
• Avoid excessive narrative on accused facts—writ is not a trial—it’s about administrative inaction.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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