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Criminal Procedure

2 judgments · all topics

AP High Court ·22 Sep 2026 ·Writ Petition

AP High Court: Habeas corpus does not lie once an arrested person is in judicial custody or on bail, and newspaper reports alone cannot prov

The question: Is a writ of habeas corpus maintainable when the detenus are in custody under a judicial remand order that has not been challenged?

Relatives of five men said they were illegally held by forest officials from 5 February 2026 before being produced before the Special Court for red sanders cases at Tirupati on 10 February, and asked for their release and compensation. A Division Bench of the High Court dismissed the habeas corpus petition: the men were in custody under a magistrate's remand order and were later granted bail.

Dismissed WP/4318/2026

Telangana HC: A Magistrate must apply his mind before taking cognizance; cryptic docket order summoning an accused quashed

The question: What must a Magistrate record before taking cognizance and issuing summons to an accused?

An accused challenged a Magistrate's one-line docket order of 18 May 2026, in a Kukatpally court, that took cognizance and issued summons without recording any satisfaction. The Additional Public Prosecutor did not oppose the challenge. The High Court quashed the order and sent the matter back to the Magistrate to take cognizance afresh.

Disposed of CRLP/13550/2026