Supreme Court · 1980 INSC 35 · Decided 27 February 1980
Mantoo Majumdar & Basdev Singh v. State of Bihar
- Court
- Supreme Court of India
- Citation
- 1980 INSC 35 · [1980] 2 S.C.R. 1105
- Case number
- WRIT PETITION (CIVIL) No. 1149/1979
- Decided
- 27 February 1980
- Bench
- V.R. KRISHNA IYER, A.C. GUPTA, R.S. PATHAK (3-judge bench)
- Outcome
- Case Allowed
- Case type
- Writ / Constitutional
- Acts & sections cited
- IPC; CrPC Section 167(2); Constitution Article 32
Headnote
Cod• of Criminal Procedure 1914--&ction 161(2)-Accused persons detained in prison for over six years without investigation or fra1ni11g: of charges­ Legality of. The two petitioners have been imprisoned for seven years in various prisoas on the basis that they were implicated in they impugned their continued detention in prison without trial. Allowing the petition, HELD : The petitioners should be released forthwith. [1109E] (1) Section 167(2) of the Code of Criminal Procedure empowers the A B c magistrate to authorise the detention of an accused in such custody as he D
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