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march 1953

Supreme Court of India · 1953-03-12

RAM NARAYAN SINGH vs THE STATE OF DELHI AND OTHERS.

Citation / case number
SC 1953/1487
Court
Supreme Court of India
Petitioner
RAM NARAYAN SINGH
Respondent
THE STATE OF DELHI AND OTHERS.
Bench
SASTRI, M. PATANJALI (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,HASAN, GHULAM,BHAGWATI, NATWARLAL H.

Judgment text excerpt

The Supreme Court held that in habeas corpus proceedings, the legality of detention must be assessed at the time of the return, not at the initiation of proceedings. Under Section 344 of the Criminal Procedure Code, a Magistrate must issue a written remand order if the accused is in custody when adjourning a case. The Court found that the absence of a written remand order rendered the continued detention of the accused illegal, emphasizing the necessity for strict adherence to legal procedures when depriving individuals of their liberty.

RAM NARAYAN SINGH vs THE STATE OF DELHI AND OTHERS. · Niyam