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Writ of Habeous corpus

 


WRIT OF HABEOUS CORPUS
1. Name of Act / Procedure / Rule
INDIAN CONSTITUTION
2. Nature of the Case
Criminal nature
3. Name of the Service
Writ can be filed under article 226 of Indian Constitution R/W U/R.3(a) of Writ Proceeding Rules, 1977, High Court of Andhra Pradesh
4. Description of Service
Seeking the production of a missing person who seems to be detained by any authority, illegally and in the following cases.
a) When the person is detained and not produced before the magistrate within 24 hours.
b) When the person is arrested without any violation of a law.
c)When a person is arrested under a law which is unconstitutional When detention is done to harm the person or is malafide.
This writ can be issued against authorities of states or individuals or organizations.

   5.  Documents required
 
a) Police Complaint
b) Photograph of the person who is missing
c) The proof of relation of Petitioner with that who is missing
d) Address proof
e) Copies of all relevant documents available if any
6. Time required for filing case
Within 3 working days of the Court except Saturday from the date of receipt of all the required documents.
7. Official Court fees for filing case
Rs.4000/- to 6000/-
   8.  Law Firm Expenses
 
a) Expenses for sending legal notice Rs. 2,500/- & above
b) Expenses for filing case Varies from case to case
c) Miscellaneous expenses for filing case
Varies from case to case

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