CRPC S- 2(h), 156
Investigation-Is in exclusive domain of police-Magistrate has no control on it.
Manubhai Ratilal Patel Tr. Ushaben v. State of Gujara and ors.(AIR 2013 SC 313)
K.S.RADHAKRISHANA AND DIPAK MISHRA, JJ.
Where the magistrate after considering the allegations in FIR had remanded the accused to custody
and subsequently thereof order staying investigation comes to be passed , the stay order so passed would have no impact on remand order. Stay of investigation could only have bearing on the action of the investigating agency and it is difficult to perceive that the order of remand which is a judicial act, suffers fromany infirmity. Stay of investigation would not make the order of remand and the consequential detention unsustainable necessitating issuance of writ of habeas corpus. It is well accepted principle that a writ of habeas corpus is not to be entertained when a person is committed to judicial 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.