Habeas Corpus.
Vinoth
(Querist) 03 June 2011
This query is : Resolved
Hi, My brother is missing for a month. I have gave complaint in police station but they haven't filed FIR. Can I file Habeas Corpus in court? If yes What is the procedure for it? Thanks in Advance.
Arif Iqbal
(Expert) 03 June 2011
I dont think filing habeas corpus petition will help. If police is not registering a case then file a complaint in Court with a prayer for forwarding it to Police with direction to register a case
M.Sheik Mohammed Ali
(Expert) 03 June 2011
you can file a habeas corpus writ either high court or supreme court, writtenly, best think you can engaged lawyer he will help you.
Advocate. Arunagiri
(Expert) 03 June 2011
You file a HCP petition in the High Court either through a counsel or party in person.
You will get a relief.
I wish all the best for finding out your brother at the earliest.
Vinoth
(Querist) 03 June 2011
Thank u all for replying.
Vinoth
(Querist) 03 June 2011
@Arunagiri: Could you please explain about HCP petition sir?
Ravikant Soni
(Expert) 03 June 2011
No habeas carpus not a solution.
Habeas carpus works when someone illegally detained in custody by police or by some other authority. It works when someone's fundamental rites of freedom are infringed.
Here is the case of missing. Author should complian to high official of police to file missing report.
Ravikant Soni
(Expert) 03 June 2011
No habeas carpus not a solution.
Habeas carpus works when someone illegally detained in custody by police or by some other authority. It works when someone's fundamental rites of freedom are infringed.
Here is the case of missing. Author should complian to high official of police to file missing report.
Ravikant Soni
(Expert) 03 June 2011
No habeas carpus not a solution.
Habeas carpus works when someone illegally detained in custody by police or by some other authority. It works when someone's fundamental rites of freedom are infringed.
Here is the case of missing. Author should complian to high official of police to file missing report.
Ravikant Soni
(Expert) 03 June 2011
sorry due to technical problem the thread posted three times..
Vinoth
(Querist) 03 June 2011
We have launched complaint but they are not filing case till now they aren't put any FIR. I'm bit worried about my brother. Dunno what to do??? Is there any other solution for this problem??
Kiran Kumar
(Expert) 03 June 2011
its really a serious matter....Habeas Corpus certainly not a remedy here.
earlier the SC view was that if the police is not registering a case then the complainant must approach Magistrate under S.156(3)
but now there is a different opinion too, and the issue stands referred to a larger bench of SC but for the time being you may approach the High Court for registration of case and for proper investigation into the matter by some senior police official.
prior to this you may give a detailed representation to the DGP or IG rank officer for proper action.
take help of some local lawyer for proper drafting of representation.
sharad raghav - 9990549475
(Expert) 03 June 2011
mr.ravikant is correct writ of habeas carpus filed for illegal detention.in present situation better u prepare a complaint and send it's one copy to S.P and other to district judge.
Vinoth
(Querist) 03 June 2011
Thank u all for replying. I have gave complaint in commissioner office will hope whether they take some action and help us.
Kiran Kumar
(Expert) 04 June 2011
wait for 2 weeks, if no action is taken then approach HC.
Vinoth
(Querist) 04 June 2011
Sure, Already a week over. One more week to go.
