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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA, ALOK AWASTHI
Sabah Antulay – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. establishing the factual and procedural background of the illegal detention claim. (Para 1) |
| 2. habeas corpus is not maintainable against detention under judicial remand orders. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. final order dismissing the petition due to lack of maintainability. (Para 19) |
ORDER
Per: Justice Alok Awasthi
The petitioner has filed the present petition under Article 226 of the Constitution of India seeking writ in the nature of habeas corpus alleging that he is under illegal detention of the respondent / authority.
02. Facts of the case reveal that the three persons namely; Salman, Imtiaz & Johar Hussain were apprehended on 03.12.2024 and from their possession 64.70 kg meat of wild species (Blackbucks & Chikara), one country-made pistol with cartridges, mobile phones and a vehicle were found. Thereafter, the accused were arrested and the case was registered at Forest Crime Case No.237/2022 on 21.08.2025. Thereafter, on the memorandum statement of these accused persons, the present appellant was arrested on 27.10.2025.
03. Learned counsel for the petitioner argued that the petitioner has nothing to do with this crime. He has been arrested o
A writ of habeas corpus is not maintainable against judicial custody authorized by a valid remand order from a competent court. Such a petition cannot serve as a substitute for bail proceedings or be....
The detention of an individual beyond 24 hours without being produced before a Magistrate violates Article 22(2) of the Constitution, rendering the arrest illegal.
The failure to disclose grounds for arrest and non-compliance with procedural requirements rendered the detention illegal, warranting intervention via habeas corpus.
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.
Point of Law : A writ of habeas corpus under Article 32 of the Constitution of India in the Supreme Court is available in case of violation of fundamental rights guaranteed under Article 21 but it do....
The Enforcement Directorate officers are not Police officers under CrPC, thus they cannot seek custody beyond the initial 24 hours of arrest unless substantively justified; however, compliance with P....
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