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Habeas Corpus in Remand Illegalities

Criminal Procedure & Jurisprudence Terms

Definition

The invocation of a constitutional writ of Habeas Corpus when an accused is remanded to custody by a magistrate in mechanical, routine violation of statutory custody limits or without production in court.

Example

In Manubhai Ratilal Patel v. State of Gujarat, the Supreme Court held that while Habeas Corpus is not maintainable against an order of remand passed by a competent court, it lies if the remand order is passed without jurisdiction or without application of mind.