Habeas Corpus is a petition filed to recover someone from illegal confinement. It is filed in the Session Court of the District where the confinee is illegally kept. The concerned SHO of the concerned police station is made party in this petition.
Procedurally when a Habeas Corpus petition is filed, the Sessions Judge give direction to the concerned SHO to recover the detainee and report it to the court within a day. On that the concerned SHO raids the location whereby the detainee is reportedly kept and if found brings the detainee to the court of law.
The statement of detainee is recorded in the court and if found that the same person was illegally detained then he/she is handed over to the person filing the petition.
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