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2012 (9) TMI 1080 - SC - Indian LawsRefusing to grant a writ of habeas corpus - offences punishable under Sections 467, 468, 471, 409 and 114 of IPC - Held that:- Unless the court is satisfied that a person has been committed to jail custody by virtue of an order that suffers from the vice of lack of jurisdiction or absolute illegality, a writ of habeas corpus cannot be granted. It is apposite to note that the investigation, as has been dealt with in various authorities of this Court, is neither an inquiry nor trial. It is within the exclusive domain of the police to investigate and is independent of any control by the Magistrate. The sphere of activity is clear cut and well demarcated. Thus viewed, we do not perceive any error in the order passed by the High Court refusing to grant a writ of habeas corpus as the detention by virtue of the judicial order passed by the Magistrate remanding the accused to custody is valid in law. Though we have not interfered with the order passed by the High Court, yet we would request the High Court to dispose of the Criminal Miscellaneous Application within a period of six weeks.
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