Manubhai Ratilal Patel Tr. Ushaben Vs. State of Gujarat
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Head Note
Indian Penal Code,1860 - Section 467 , Section 468 , Section 471 , Section 409 , Section 114 , The Code of Criminal Procedure, 1973 - Section 482
Stay of Investigation by High Court - Order of Remand by Magistrate - Whether the detention is illegal? - Held - It is evincible that the arrest had taken place a day prior to the passing of order of stay. It is also manifest that the order of remand was passed by the learned Magistrate after considering the allegations in the FIR but not in a routine or mechanical manner - Once there is stay of investigation, the order of remand is sensitively susceptible and, therefore, as a logical corollary, the detention is unsustainable. It is worthy to note that the investigation had already commenced and as a resultant consequence, the accused was arrested. Thus, we are disposed to think that the order of remand cannot be regarded as untenable in law.
Indian Penal Code,1860 - Section 467 , Section 468 , Section 471 , Section 409 , Section 114 , The Code of Criminal Procedure, 1973 - Section 482
Writ of Habeas Corpus - Unless the court is satisfied that a person has been committed to jail custody by virtue of an order that suffers from the vice of lack of jurisdiction or absolute illegality, a writ of habeas corpus cannot be granted.
Topic(s)-
Important Decision(s)- Stay of Investigation by High Court - Order of Remand by Magistrate - Untenable in law.