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RAHUL CHATURVEDI, MOHD. AZHAR HUSAIN IDRISI
Golu @ Arun Patel – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Sri Yogendra Singh, learned counsel for the petitioner and Sri Satendra Tiwari, learned AGA for the State and perused the record.
2. Before hearing the arguments on merits, learned AGA have objected regarding the ‘maintainability’ of instant Habeas Corpus writ petition, allegedly filed by Golu @ Arun Patel, the petitioner. Thus the Court has directed the counsel for the petitioner to advance his argument with regard to the ‘maintainability’ of the instant Habeas Corpus writ petition, at the admission stage itself, so that the same shall be decided at the threshold stage.
3. Before appreciating the arguments advanced by learned counsel for the petitioner with regard to the ‘maintainability’, it is imperative to spell out the ‘prayer’ sought by the petitioner in the instant habeas corpus writ petition coupled with the facts of the case, which has allegedly given rise to this writ petition:-
4. The prayer sought by the petitioner is that :
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.
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 ....
The requirement to provide written grounds for arrest is a constitutional mandate; failing this renders the arrest and consequent remand illegal, entitling the individual to immediate release.
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....
Sec. 437 of Code makes a provision for persons who have been arrested in a non-bailable offence and have been produced before a Magistrate.
The main legal point established in the judgment is the determination of the maintainability of a habeas corpus writ application in challenging an order of remand, based on the principles laid down b....
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