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I want to file a habeas corpus petition on behalf of someone living in State 1. I live in State 2. Can I file it in State 3? If yes, which state's police will present the person—State 1 or State 3? If no, in which state should I file the case?
A habeas corpus petition should be filed in the High Court of the state where the person is allegedly being held or restricted. If the person is in State 1, file the petition there. The police of State 1 will produce the person in court. You can still file from State 2 via a lawyer. For further legal assistance contact us on our helpline number.