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september 2012

Supreme Court of India · 2012-09-28

Manubhai Ratilal Patel Tr.Ushaben vs State Of Gujarat & Ors

Citation / case number
AIR 2013 SUPREME COURT 313
Court
Supreme Court of India
Petitioner
Manubhai Ratilal Patel Tr.Ushaben
Respondent
State Of Gujarat & Ors
Author
Dipak Misra
Bench
Dipak Misra, K. S. Radhakrishnan

Judgment text excerpt

The Supreme Court held that the detention of the accused was illegal due to the stay order issued by the High Court under Section 482 of the Code of Criminal Procedure, which prevented further investigation. The Court emphasized that the Magistrate's remand order under Section 167(2) was invalid as it conflicted with the High Court's stay. Consequently, the Court granted the habeas corpus petition, ordering the release of the accused, thereby reinforcing the principle that judicial orders must be adhered to by lower courts.

Manubhai Ratilal Patel Tr.Ushaben vs State Of Gujarat & Ors · Niyam