Habeas Corpus Writ

Querist : Anonymous (Querist) 03 September 2010 This query is : Resolved
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:-

QUARRY 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.

QUARRY 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?

QUARRY 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 QUARRIES.

Waiting 4 Reply....

Follow Query

Report Abuse

Devajyoti Barman (Expert) 03 September 2010
1. Yes
2. No if you filed writ of hc , yes if not filed writ of hc.
3.No need to challenge if you go for writ or further investigation.
Please note the spelling- 'query'.

s.subramanian (Expert) 03 September 2010
1.Your writ of habeas corpus is maintainable.
2. You cannot file a writ of mandamue for this purpose.
3. You can file quash proceedings u/s 482 of cr.p.c. on the ground of perfunctory investigation and other legal grounds.

Querist : Anonymous (Querist) 04 September 2010
1-yes u can file hcw before hc.
2-No.
3-yes u can file 482 of cr. p. c. against charge sheet along with impugned cognizance taking by the magistrate upon cs as well as for investigation.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries