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KULDEEP TIWARI
Manohar Lal – Appellant
Versus
Punjab and Haryana High Court – Respondent
JUDGMENT :
Mr. Kuldeep Tiwari, J. (Oral):- Through the instant writ of habeas corpus, as cast under Article 226 of the Constitution of India, read with Section 3(2) of Judges (Protection) Act, 1985, the petitioner, who is suffering incarceration in Model Jail, Chandigarh, in FIR No.51 dated 21.05.2024, under Sections 406, 420, 120-B of the IPC, registered at P.S. Maloya, in consonance with an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the learned trial Court concerned, seeks issuance of directions upon the respondents to release him from illegal detention/incarceration.
2. The prime argument canvassed by the petitioner, for securing the hereinabove extracted relief, ensues from blatant violations being made of the ex position(s) of law, as became laid down in the hereinafter enumerated verdicts, while ordering petitioner’s judicial remand.
“Arnesh Kumar v. State of Bihar”, [(2014) 8 SCC 273
“Satender Kumar Antil v. Central Bureau of Investigation”, (2022) 10 SCC 51
“Daggar Malhotra v. State of Haryana”, CRM-W No.1789 of 2023 in/and CRWP No.11962 of 2023
Notification dated 22.09.2023 (No. 159 Gaz. II(17)), issued by th
A writ of habeas corpus is not maintainable when the petitioner is in judicial custody under a valid order from a competent court.
A writ of habeas corpus is not maintainable if the petitioner is in judicial custody under valid remand orders, and issues regarding the legality of arrest must be raised at the time of remand.
Point of law : Where the custody of the petitioner corpus as been handed over as per a judicial order passed a Judicial Magistrate or a court of competent jurisdiction or a CWC constituted under the ....
A writ of habeas corpus cannot be maintained for individuals in lawful judicial custody due to a valid remand order, reinforcing the principles of lawful detainment under Article 22(1).
A writ of Habeas Corpus cannot be issued when the detention is authorized by a court of competent jurisdiction, even if the order of remand is illegal.
The main legal point established in the judgment is that while virtual production for detention in judicial custody is permissible, irregularities in the extension of remand may not warrant a writ of....
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