Habeas Corpus Petition Format For Missing Person
Description
How to fill out Petition For Writ Of Habeas Corpus By A Person In State Custody?
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FAQ
However, Habeas corpus cannot be granted where a person has been arrested under an order from a competent court and when prima facie the order does not appear to be wholly illegal or without jurisdiction. This writ can be filed by the detained person himself or his relatives or friends on his behalf.
FORMAT OF WRIT PETITION. A. SYNOPSIS AND LIST OF DATES (Specimen enclosed) ... MOST RESPECTFULLY SHEWETH : Facts of the case 2. Question(s) of Law 3. ... C. The Writ Petition should be accompanied by: ... I N D E X. _________________________________________________________________ ... IN THE SUPREME COURT OF INDIA. ORIGINAL JURISDICTION.
A Writ of Habeas Corpus usually addresses claims of ineffective assistance of counsel, prosecutorial misconduct, newly discovered evidence, jury misconduct, and claims of actual innocence.
The Orissa High Court has reiterated that the writ of habeas corpus cannot be issued to trace out 'missing persons' as proving 'illegal detention' by a particular person is a pre-condition before the said writ can be put to use.
Procedure to file a Habeas Corpus: Further, all applications for writs or orders in the nature of writ of Habeas Corpus under Article 32 or 226 of the Constitution of India shall be made to the Division Bench taking the criminal business of the appellate side of the High Court or Supreme Court.