By Dr. Y.Srinivasa Rao, Judge.
A person who is under the control of the court or is in the physical hold of an officer with coercive power is in “custody” for the purpose of Section 439 of Cr.P.C. Explanation given in Black’s Law Dictionary, to the term ‘custody’ relied upon by Supreme Court viz.: “it is a very elastic and may mean actual imprisonment or physical detention…. Within statute requiring that petitioner be ‘in custody’ to be entitled to federal habeas corpus relief does not necessarily mean actual physical detention in jail or prison but rather is synonymous with restraint of liberty. … Accordingly, persons on probation or parole or released on bail or on own recognizance have been held to be ‘in custody’ for purposes of habeas corpus proceedings.” and the term ‘Move’ has been explained as “to make an application to a court for a rule or order or to take action in any matter. The term comprehends all things necessary to be done by a litigant to obtain an order of the court directing the relief sought.”, Sunita Devi v. State of Bihar, 2005 SCC (Cri) 435.
As to ‘Civil Case’ is concerned, the word ‘Custody’ implies guardianship. It must be a lawful custody under provisions of a statute or under order of court, Omkar Prasad Verma v. State of M.P., (2007) 2 SCC (Cri) 293.