Writ Of Habeas Corpus Not Maintainable If Police Custody Is Pursuant To Judicial Order

29
09/2018

Writ Of Habeas Corpus Not Maintainable If Police Custody Is Pursuant To Judicial Order

The Supreme Court in State of Maharashtra vs. Tasneem Rizwan Siddiquee, has reiterated that no writ of habeas corpus could be issued in respect of a person who was in police custody in connection with a criminal case under investigation pursuant to a remand order by Magistrate.
The state of Maharashtra had assailed a high court order that had allowed the plea of a wife of a man who was in police custody after he was remanded by the magistrate. The high court had made some scathing observations in the judgment, which was also sought to expunged

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