Important Legal Definitions
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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.