Stay of investigation does not invalidate judicial remand; custody under a magistrate's order is not illegal in habeas corpus.

A stay of investigation only suspends further police inquiry and does not erase the FIR or invalidate investigation already completed. A Magistrate's remand order is a separate judicial act, passed in exercise of judicial discretion, and is distinct from police investigation under the Code. Because the petitioner's custody flowed from a valid judicial remand rather than unlawful confinement, the essential basis for habeas corpus relief was absent. Judicial custody in these circumstances was therefore not illegal, and release could not be sought on the ground that the investigation had been stayed.

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Issues: Whether the petitioner's detention in judicial custody was illegal and liable to be set aside in habeas corpus proceedings on the ground that the investigation had been stayed.

Analysis: The stay granted by the High Court suspended further investigation but did not erase the FIR or nullify the investigation already carried out. The order of remand passed by the Magistrate was a judicial order passed in exercise of judicial discretion and was not part of the investigation. The definition of investigation under the Code was relied upon to hold that remand proceedings are distinct from police investigation. Since the petitioner was in custody pursuant to a judicial order and not by reason of any unlawful confinement, the essential condition for habeas corpus relief was absent.

Conclusion: The detention was not illegal, and the habeas corpus petition failed.

Final Conclusion: Stay of investigation did not render the petitioner's judicial custody unlawful, and the petition seeking release was not maintainable.

Ratio Decidendi: A stay of investigation only suspends police investigation and does not invalidate a judicial remand order passed by a Magistrate; custody pursuant to such a remand is not illegal for the purpose of habeas corpus.

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