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16 years girl abduct by a boy and his family and illegaly detained her


15-Aug-2024 (In Criminal Law)
Have filed writ petition of habeas corpus in Calcutta High court but due to maintainability high court fixed hearing date 2months later. Now is this possible to apply 97crpc for release the girl . The girl is minor and under pocso.
Answers (2)

Answer #1
725 votes
No. It's not possible. As you have a matter before the Hon'ble High Court at Calcutta regarding the same issue, the lower court upon hearing might not give you any judgement at all. The facts are circumstances can be considered by the HC only at this stage or else you can withdraw the application and peruse the matter before the Ld. Magistrate .
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Advocate Shayan Sachin Basu

Adv. Shayan Sachin Basu

LawRato Kolkata | 400+ Answers
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Answer #2
974 votes
If the high court has kept the writ petition pending for 2 months due to maintainability issue, then there is a possibility that your ultimate relief will not be attained and that the writ petition might have been drafted incorrectly. An advocate needs to see that draft and take appropriate steps. Your query is not clear as to who has kept the girl. If the state is not involved, then habeas corpus is not maintainable.
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Advocate Sourjya Das

Adv. Sourjya Das

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