review in habeas corpus
Shumaila Altaf
(Querist) 21 April 2014
This query is : Resolved
Greetings!
There is an error apparent on the record of the order passed in my habeas corpus petition. Can this order be reviewed since it's a criminal matter?
Nadeem Qureshi
(Expert) 21 April 2014
Yes, High Court & Supreme court have power of Review.
Shumaila Altaf
(Querist) 22 April 2014
But since habeas corpus is in the nature of a criminal proceeding can order 47 of cpc be applied. please help with any case law where review of habeas corpus order was allowed.
Devajyoti Barman
(Expert) 23 April 2014
Habeus sorpus is writ jurisdiction embracing both civil and criminal jurisprudence.
So Review does applied here.
Shumaila Altaf
(Querist) 23 April 2014
the Hon'ble judge is asking for a case law. can you please help with one, Sir.
Advocate. Arunagiri
(Expert) 23 April 2014
You can mention this error, before the same judge. It will be relisted as "Being Mentioned". At that time you can point out the error and get it rectified.