EMPEROR Vs. MALHARI RAMAJI CHIKATE

JUDGEMENT

(1.) THIS application raises a further question whether it is open to a detenue to ask for a review of an order already made under Section 491, or in other words whether successive applications can he made for a writ of habeas corpus on behalf of a detenue. The application on behalf of this detenue was dismissed by Mr. Justice Rajadhyaksha and Mr. Justice Jahagirdar on October 9, 1947.

(2.) IT is now well established that the Courts in India have no longer the jurisdiction to issue the common law writ of habeas corpus and to exercise the powers which the Courts in England exercise. The powers of the Courts are now controlled and circumscribed by Section 491 of the Criminal Procedure Code which has taken the place of the old common law writ of habeas corpus. If that be so, then we must look to the Criminal Procedure Code for the procedure to be followed once an order is made under Section 491.

(3.) WE therefore discharge the rule. Rule discharged. .