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Documents citing Manubhai Ratilal Patel Tr.Ushaben vs State Of Gujarat & Ors on 28 September, 2012

The State Of Tamil Nadu vs Muneeswaran on 8 March, 2024

a. Surrender petitions filed by the accused, who have voluntarily surrendered before a Magistrate having no jurisdiction to try the case, are not maintainable. No order of remand can be passed by the Magistrate under Section 167(2) Cr.P.C on such petitions, in the light of the decisions of the Hon’ble Hon’ble Supreme Court in State of W.B. v. Dinesh Dalmia, (2007) 5 SCC 773, Manubhai Ratilal Patel v. State of Gujarat, (2013) 1 SCC 314and KA Rauf Sherif v. Directorate of Enforcement, (2023) 6 SCC 92.
Madras High Court Cites 49 - Cited by 0 - N A Venkatesh - Full Document

Yuvraj Yadav vs Adhichak Kendriya Karagar Naini ... on 26 May, 2023

In Manubhai Ratilal Patel v. State of Gujarat & Ors [2013 1 SCC 314], regarding writ of habeas corpus not entertainable when petitioner is in judicial custody, the Apex observed and held "32. Coming to the case at hand, it is evincible that the arrest had taken place a day prior to the passing of order of stay. It is also manifest that the order of remand was passed by the learned Magistrate after considering the allegations in the FIR but not in a routine or mechanical manner. It has to be borne in mind that the effect of the order of the High Court regarding stay of investigation could only have bearing on the action of the investigating agency. The order of remand which is a judicial act, as we perceive, does not suffer from any infirmity. The only ground that was highlighted before the High Court as well as before this Court is that once there is stay of investigation, the order of remand is sensitively susceptible and, therefore, as a logical corollary, the detention is unsustainable. It is worthy to note that the investigation had already commenced and as a resultant consequence, the accused was arrested. Thus, we are disposed to think that the order of remand cannot be regarded as untenable in law. It is well accepted principle that a writ of habeas corpus is not to be entertained when a person is committed to judicial custody or police custody by the competent court by an order which prima facie does not appear to be without jurisdiction or passed in an absolutely mechanical manner or wholly illegal.
Allahabad High Court Cites 38 - Cited by 0 - R Chaturvedi - Full Document

Rahul Modi vs Union Of India & Ors on 20 December, 2018

7. Indisputably, respondent No.1/Neeraj Singal was sent to judicial custody in connection with the alleged offences under Section 447 of the Act in terms of a judicial order passed by the jurisdictional court. That order was in force when the writ petition was filed and the interim order to release respondent No.1/Neeraj Singal came to be passed. The High Court issued its interim directions, prima facie, in the teeth of the decisions of this Court in Saurabh Kumar v. Jailor, Koneila Jail and Another1 and Manubhai Ratilal Patel vs. State of Gujarat and Others2. Further, the reasons assigned by the High Court in the impugned order for grant of interim relief are not confirmed to the issue of the validity of the stated sections of the Act or concerning grant of bail but prima facie impact upon issues concerning matters of investigation and lodging of the complaint and/or police report in respect of offences under the Act."
Delhi High Court Cites 21 - Cited by 1 - Full Document
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