Desai, J.

[1] The applicants applied for a writ of habeas corpus under Section 491, Criminal P. C. and Article 226 of the Constitution. They were arrested on a charge of murder and are being detained in prison under the orders of a Magistrate since 29-3-1955 in one case and 2-4-1955 in the other case. Their contention is that under Section 167, Criminal P. C. they can be detained in custody under the orders of a Magistrate only for 15 days and that their continued detention after the expiry of 15 days is unlawful and they should be released at once.

Though it is not stated in the application, the applicants seem to have been arrested without a warrant by the police and the police are still investigating the matter.

[2] The questions that arise are, (1) Whether a person arrested by the police without a warrant must be released from custody on the expiry of the period of 15 days mentioned in Section 167 (2) of the Code unless the Magistrate having jurisdiction takes cognizance of the offence and decides to postpone the inquiry or trial under Section 344 of the Code, and (2) Whether a Magistrate can avail himself of the provisions of Section 344 without taking cognizance of the