MD. ABDUL ZABAR Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India for issuing a writ in the nature of Habeas Corpus. The petitioner was arrested on 31/1/2023 in connected with FIR No. 75(12)2022 LIL-PS U/S- 420/34 IPC. Vide order dtd. 1/2/2023, the Ld. Judicial Magistrate First Class, Thoubal, the accused person was remanded into police custody only for 3 days', i.e. 3/2/2023. On 3/2/2023, the accused was remanded till 6/2/2023. After hearing the learned PP for the State and the learned counsel for the petitioner, on 6/2/2023 the Ld. JMFC, Thoubal, treated the remand objection filed under Sec. 437 Cr.P.C. treated as bail application and called for objection from the concerned I.O. and remanded the petitioner to judicial custody for 15 days on the ground that the investigation was at initial stage and the document with respect to the land in dispute has been sent to the concerned Officer for verification.

(2.) In the order dtd. 6/2/2023, the learned JMFC Thoubal recorded the statement of the learned counsel for the petitioner herein that the authorities have defied the guidelines for arrest as given in the case of Arnesh Kumar vs. State of Bihar reported in (2014) 8 SCC 274 and provision Sec. 41 CrPC has not been complied with and the accused is entitled to be released on bail.

(3.) The State respondents have filed counter affidavit raising the question of maintainability of a writ of Habeas Corpus challenging the order of remand passed by the Magistrate under Cr.PC. It is stated that the present writ petition seeking a writ of Habeas Corpus is not maintainable and prayed for its dismissal being devoid of merit.