Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Habeas Corpus |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Writs – Habeas Corpus – Husband of respondent was arrestedby police in connection to an offence under investigation –Thereafter, Magistrate remanded him to police custody – Whether awrit of habeas corpus could be maintained in respect of a personwho is in police custody pursuant to a remand order passed by thejurisdictional Magistrate in connection with of fence underinvestigation – High Court held that husband of respondent wasillegally and unlawfully detained by the police and made scathingobservations against the police officials – On appeal, held: In instantcase, admittedly, when the writ petition for issuance of a writ ofhabeas corpus was filed by the respondent in the High Court,husband of respondent during this time was in police custodypursuant to an order passed by the Magistrate granting his policecustody in connection with FIR – Further, writ petition was filedwithout challenging the order of the Magistrate – It was not a caseof continued illegal detention but the incumbent was in judicialcustody by virtue of an order passed by the jurisdictional Magistrate,which was in force, granting police remand during investigation ofa criminal case – No writ of habeas corpus could have been issued– Thus, High Court erred by entering upon the merits of the arrestin absence of any challenge to the judicial order passed by theMagistrate – Furthermore, the High Court wrongly made scathingobservations against the police officials without giving themopportunity to offer explanation on affidavit – Accordingly, orderof the High Court set aside – Penal Code, 1860 – ss.420, 201, 171,467, 468 and 120-B – Code of Criminal Procedure, 1973 – ss.160and 41-A – Information Technology Act, 2000 – ss.66, 72 and 72(a)– Indian Telegraphs Act, 1885 – s.26. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 783 |
Petitioner | The State Of Maharashtra And Ors. |
Respondent | Tasneem Rizwan Siddiquee |
SCR | [2018] 11 S.C.R. 374 |
Judgement Date | 2018-09-05 |
Case Number | 1124 |
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