“10. The question as to whether a writ of habeas corpus could be maintained in respect of a person who is in police custody pursuant to a remand order passed by the jurisdictional Magistrate in connection with the offence under investigation, this issue has been considered in Saurabh Kumar v. Jailor, Koneila Jail, (2014) 13 SCC 436 : (2014) 5 SCC (Cri) 702 and Manubhai Ratilal Patel v. State of Gujarat, (2013) 1 SCC 314 : (2013) 1 SCC (Cri) 475 . It is no more res integra. In the present case, admittedly, when the writ petition for issuance of a writ of habeas corpus was filed by the respondent on 183-2018/19-3-2018 and decided by the High Court on 21-32018 [ Tasneem Rizwan Siddiquee v. State of Maharashtra , 2018 SCC OnLine Bom 2712] her husband Rizwan Alam Siddiquee was in police custody pursuant to an order passed by the Magistrate granting his police custody in connection with FIR No. I-31 vide order dated 17-3-2018 and which police remand was to enure till 23-3-2018. Further, without challenging the stated order of the Magistrate, a writ petition was filed limited to the relief of habeas corpus. In that view of the matter, it was not a case of continued illegal detention but the incumbent was in judicial custody by virtue of an order passed by the jurisdictional Magistrate, which was in force, granting police remand during investigation of a criminal case. Resultantly, no writ of habeas corpus could be issued.”
Supreme Court
State of Maharashtra v. Tasneem Rizwan Siddiquee, (2018) 9 SCC 745
The Supreme Court in State of Maharashtra v. Tasneem Rizwan Siddiquee ruled that a writ of habeas corpus is not maintainable for a person in police custody under a Magistrate’s remand order, as seen in prior cases. Rizwan Alam Siddiquee’s detention was lawful by the Magistrate’s order during an ongoing investigation, and the habeas corpus petition was thus rejected.