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    <title>2023 (3) TMI 69 - DELHI HIGH COURT</title>
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    <description>Detention was not treated as illegal where a complaint had been filed but cognizance had not yet been taken, so the Section 309 CrPC stage had not commenced. Although an earlier judicial custody remand application became infructuous and no fresh remand order was passed on 24 January 2023, the legality of detention in habeas corpus is assessed with reference to the date of hearing or return. A subsequent remand order passed on 14 February 2023 cured the earlier defect in custody, so the writ of habeas corpus was not warranted.</description>
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      <description>Detention was not treated as illegal where a complaint had been filed but cognizance had not yet been taken, so the Section 309 CrPC stage had not commenced. Although an earlier judicial custody remand application became infructuous and no fresh remand order was passed on 24 January 2023, the legality of detention in habeas corpus is assessed with reference to the date of hearing or return. A subsequent remand order passed on 14 February 2023 cured the earlier defect in custody, so the writ of habeas corpus was not warranted.</description>
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