Supreme Court of India

Manubhai Ratilal Patel Tr. Ushaben v. State of Gujarat & Ors.

Neutral citation

Reported as [2012] 8 S.C.R. 993

Bench K.S. Radhakrishnan and Dipak Misra JJ.

Decided 28 September 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that in a democratic republic like India where Judges function under a written Constitution and which has a chapter on fundamental rights, to protect individual liberty the Judges owe a duty to safeguard the liberty not only of the citizens but also of all persons within the territory of India.

Judgment, page 12

From the headnote

CONSTITUTION OF /NOIA, 1950: Art.226 - Petition for writ of habeas corpus challenging c the order of remand -Held: writ of habeas corpus is not to be entertained when a person is committed to judicial custody or police custody by the competent court by an order which prima facie does not appear to be without jurisdiction or passed in an absolutely mechanical manner or wholly illegal 0 - The effect of order of High Court regarding stay of investigation could only have bearing on the action of investigating agency - Investigation is neither an inquiry nor a trial - It is within the exclusive

Authorities it was built on

1994 Sanjay Dutt v. The State through C.B.I. Bombay cited by 24
1979 State of Bihar and Anr v. J.A.C. Saldanha and Ors. cited by 12
1992 Central Bureau of Investigation, Special Investigation Cell-i, New Delhi v. Anupam J. Kulkarni cited by 11
1968 In the Matter of Madhu Limaye & Ors. v. No Respondent cited by 7
2011 Ummu Sabeena v. State of Kerala & Ors. cited by 4
1973 Kanu Sanyal v. District Magistrate, Darjeeling & Ors. cited by 3
1974 Kanu Sanyal v. Dist. Magistrate, Darjeeling & Ors. cited by 2

Where later benches applied it

2021 Gautam Navlakha v. National Investigation Agency relied on
2020 Indu Bai & Ors. v. State of Telangana & Ors. relied on
2018 The State of Maharashtra & Ors. v. Tasneem Rizwan Siddiquee relied on
2025 Mihir Rajesh Shah v. State of Maharashtra and Another referred to
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2019 Serious Fraud Investigation Office v. Rahul Modi and Anr. Etc. referred to
2014 Subrata Roy Sahara v. Union of India and Others referred to

Of those, 3 relied on · 4 referred to

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