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ANJANI KUMAR MISHRA, VIVEK KUMAR SINGH
Ramit Lala – Appellant
Versus
State Of U. P. – Respondent
ORDER :
1. Shri G. S. Chaturvedi, learned Senior Advocate for the petitioner and Shri Gyan Prakash for the respondents.
2. This petition which has been titled as a Habeas Corpus Petition seeks the following reliefs:-
ii). Issue a writ, order or direction in the nature of Habeas Corpus directing the respondent concerned to release the petitioners from custody and produce before this Hon'ble Court on the date fixed."
3. On the matter being taken, a prayer was made by learned counsel for the petitioner for deleting the first petitioner, Ramit Lala, from the array of the parties which permission was granted and necessary deletion has been made in the array of the parties.
4. The petition has been entered in the data base as Ramit Lala and three others. Since the name of the first petitione
The main legal point established in the judgment is the requirement of a valid remand order under CrPC 167 and 309 to maintain the legality of the custody and the continuity of custody with the court....
The filing of a complaint within the stipulated time precludes the entitlement to default bail, regardless of remand order irregularities, which must comply with statutory requirements.
The right to bail under Section 167(2) of the Cr.P.C. is contingent upon the completion of the investigation within the prescribed time frame, which is calculated from the date of judicial remand, no....
The court ruled that consent under Section 45 of the Cr.P.C. was not required for the petitioner's arrest, affirming the jurisdiction of the Special Judge and the validity of remand orders.
The rejection of a bail application and the lack of challenge to a judicial remand order render a habeas corpus petition unsustainable.
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.
The duty of the investigating agency to inform the court about unexecuted warrants, the need for compliance with statutory provisions, and the unjustifiability of the arrest and remand under the PMLA....
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