Reviewed case brief

Madhu Limaye v. Sub-Divisional Magistrate

AIR 1971 SC 2486

Landmark decision on judicial review of S.144 CrPC (S.163 BNSS) orders and the requirement that such orders must be based on material facts and not passed in a mechanical manner.

Court: Supreme Court of India
Year: 1970
Subjects: Bharatiya Nagarik Suraksha Sanhita
Reviewed: 2026-06-30

Rule established

An order under S.144 CrPC (now S.163 BNSS) is subject to judicial review. The affected person can challenge it under S.133 CrPC or under Art.226/Art.32. The order must disclose material facts demonstrating urgency; a blanket order without application of mind is bad in law.

Facts

Issues

Held

Ratio decidendi

How to use it in an exam

Editorial source

AIR

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