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Kavitha (Propriter)     22 November 2014

Hebeas corpus

Dear all

i want a draft petition of Hebeas corpus 

case details

one person is in judicial custody in one criminal case . He has got bail in that case. The prison authorities are reluctant to release the accused on the pretext that they have body warrants pending in other case. He is not in remand in that case .  More over he is now in hospital on treatment . How to draft the petition as there is no possibility of attendance of accused before the court on medical reason Please help me 

Kavitha



Learning

 5 Replies

Isaac Gabriel (Advocate)     22 November 2014

It needs professional touch.Consult Lawyer

Kavitha (Propriter)     22 November 2014

Thanks for quick response

sir iam aware of the legal position . But I don't know the drafting procedure. If u can help me to provide a general draft based on above facts I will include the legal application please

regards

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     22 November 2014

Take the help of your senior if you are from legal background

R.K Nanda (Advocate)     22 November 2014

drafts not supplied.

T. Kalaiselvan, Advocate (Advocate)     25 November 2014

Habeas Corpus:  If there is a complaint by any person that he is being detailed illegally or improperly, the law has provided means to set him at liberty.  One of them is by writ of Habeas Corpus.  It is therefore a process by which a person who is in a confinement without jurisdiction may secure his release from such confinement.

Filing Procedures: 

1) The provisions contained in Appellate side rules shall be applicable to petition under article 226 of the constitution of India.

2) On application for a direction or habeas corpus shall be by special original petition entitled 'Writ Petition No.......of....

3) Every such petition shall set out the provisions of law under which it is made, the name and descripttion of the petitioner and the respondent, the nature of the relief sought and shall be accompanied by an affidavit setting forth the grounds of the relief sought, the other remedy, if any available to the petitioner and if not availed of, the reasons therefor.  The petition shall be signed the petitioner or his advocate or attorney.

Hope this will give a preliminary idea about how to draft the or prepare the proposed writ.


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