Habeas Corpus Writ
Querist :
Anonymous
(Querist) 04 September 2010
This query is : Resolved
Thanx Ld. counsels. Kindly give me current ruling regarding this matter. or can u explain this in the light of current supreme court ruling which is based on Habeas Corpus writ.
Ajay Bansal
(Expert) 04 September 2010
What do you want know about Habeas Corpus,please explain.
Querist :
Anonymous
(Querist) 04 September 2010
A first information report has been lodged under Section 364 IPC against 6 persons and IO submitted Charge Sheet against 4 accused persons mentioning therein that the offence is made out against 4 accused persons and against 2 persons the investigation is still going on. After submission of the Charge Sheet against 4 persons, the magistrate has taken cognizance under Section 364 IPC but the kidnapped boy is still not recovered either dead or alive and now the matter has commit to court of Sessions. I have filed a Habeas Corpus Writ for production of corpus. Now, I have some quarries:-
QUERY 1- Whether Habeas Corpus Writ can be field at this stage as mentioned above (Maintainability as well as Scope of HC Writ)? If your answer is YeS kindly give me an appropriate Ruling of Supreme Court with this regard.
QUERY 2- Whether a Writ of Mandamus can be filed for a direction to the police authorities to make proper investigation or further or re-investigation in this case including production of the corpus before the court? or challenging the investigation conducted by the IO?
QUERY 3- Should I challenge the Charge Sheet along with the cognizance taken by the magistrate by means of Section 482 of Cr. P. P. before the High Court? Or
ANY other remedy which you like to suggest.
Kindly, give me the reply as soon as possible supported with current Rulings of SUpreme Court with all QUERIES.
Thanks a Lot.
