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GUIDELINE

An "Application under Section 97 of the Code of Criminal Procedure (CrPC)" is used to seek assistance from the police in enforcing and executing a court order. Here's a guideline for drafting such an application and common mistakes to avoid:

Heading: Begin with the court's name, case details, and relevant legal references.

Introduction: Clearly state the purpose of the application - seeking the aid of the police to enforce a court order.

Court Order Details: Include information about the court order that needs to be enforced, specifying the nature of the order (e.g., eviction, possession, recovery, or attachment).

Request for Police Assistance: Clearly articulate the need for police intervention, describing the specifics of the assistance required to execute the order.

Supporting Documents: Attach copies of the relevant court order, the application to the court, and any other documents that substantiate the need for police assistance.

Common Mistakes to Avoid:

Unclear Language: Use legally appropriate language and formatting in the application.

Incomplete Information: Ensure that all necessary details, including the court order and the required police assistance, are comprehensively documented.

Failure to Serve the Application: Properly serve the application to the concerned police authorities or officials.

Failure to Follow Legal Procedure: Comply with all legal procedures and notification requirements before seeking police assistance.

Lack of Supporting Documents: Attach all the relevant documents that support the application for clarity and substantiation.

Drafting a well-prepared Application under Section 97 of the CrPC is essential for enforcing court orders effectively. Avoiding common mistakes helps uphold the rule of law and ensures a smoother execution process. Legal consultation or guidance may be necessary for precise execution.

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