Rahul Modi vs Union Of India & Ors on 20 December, 2018
In the present case,
admittedly, when the writ petition for issuance of a writ of
habeas corpus was filed by the respondent on 18-3-2018/19-
3-2018 and decided by the High Court on 21-3-2018
[Tasneem Rizwan Siddiquee v. State of Maharashtra, 2018
SCC OnLine Bom 2712] her husband Rizwan Alam
Siddiquee was in police custody pursuant to an order passed
by the Magistrate granting his police custody in connection
with FIR No. I-31 vide order dated 17-3-2018 and which
police remand was to enure till 23-3-2018. Further, without
challenging the stated order of the Magistrate, a writ petition
was filed limited to the relief of habeas corpus. In that view
of the matter, it was not a case of continued illegal
detention but the incumbent was in judicial custody by
virtue of an order passed by the jurisdictional Magistrate,
which was in force, granting police remand during
investigation of a criminal case. Resultantly, no writ of
habeas corpus could be issued."