2012 (8) TMI 1145 - HC - Indian Laws

Summary

Issues Involved:
1. Legality of the petitioner's detention in judicial custody.
2. Impact of the High Court's stay on the investigation.
3. Jurisdiction and authority of the learned JMFC to remand the accused to custody.

Summary:

Issue 1: Legality of the petitioner's detention in judicial custody
The petitioner filed Criminal Misc. Application No.10303 of 2012 u/s 482 of the Code of Criminal Procedure seeking to quash the FIR and stay further investigation. Despite the High Court's ad-interim relief staying the investigation, the petitioner was arrested and remanded to police custody by the learned JMFC. The petitioner argued that his detention was illegal as the stay order on the investigation rendered the judicial remand void. However, the Court held that the stay of investigation did not nullify the FIR or the investigation conducted before the stay. The judicial remand was deemed a judicial act, not part of the investigation, and thus valid.

Issue 2: Impact of the High Court's stay on the investigation
The petitioner contended that the stay on the investigation meant there was no ongoing investigation, thereby invalidating the judicial remand. The Court clarified that the stay order only suspended the investigation but did not eradicate it. The possibility of the investigation's revival remained, and the stay did not affect the judicial acts of remanding the accused to custody. The Court emphasized that the stay of investigation did not imply the release of the accused or the cessation of judicial proceedings.

Issue 3: Jurisdiction and authority of the learned JMFC to remand the accused to custody
The petitioner argued that the learned JMFC lacked jurisdiction to remand him to custody due to the stay on the investigation. The Court rejected this argument, stating that the learned JMFC had the authority to pass judicial orders, including remanding the accused to custody, regardless of the stay on the investigation. The Court highlighted that the judicial remand was not part of the investigation and thus not covered by the stay order.

Conclusion:
The Court concluded that the petitioner's detention was not illegal or unauthorized. The stay of investigation did not nullify the judicial remand, and the learned JMFC acted within his jurisdiction. The petition for habeas corpus was dismissed as the custody was judicial and lawful.