Supreme Court · 2012 INSC 438 · Decided 28 September 2012
Manubhai Ratilal Patel TR. Ushaben v. State of Gujarat & ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 438 · [2012] 8 S.C.R. 993
- Case number
- CRIMINAL APPEAL No. 1572/2012
- Decided
- 28 September 2012
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 467, 468, 471, 409, 114; CrPC Section 2(h), 482, 439, 167(2); Constitution
Headnote
CONSTITUTION OF /NOIA, 1950: B Art.226 - Petition for writ of habeas corpus challenging c the order of remand -Held: A writ of habeas corpus is not to be entertained when a person is committed to judicial custody or police custody by the competent court by an order which prima facie does jurisdiction or passed in an absolutely mechanical manner or wholly illegal 0 - The effect of order of High Court regarding stay of investigation could only have bearing on the action of investigating agency - Investigation is neither an inquiry nor a trial - It is within the exclusive
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