Khanna, Indrani and her former driver Shyam Rai are currently in judicial custody.
"The Bandra magistrate's court has rejected our application where we had said Khanna should be released forthwith as he was in illegal detention for a day," said advocate Shreyansh Mithare, his lawyer.
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Khanna was arrested on August 26. On September 7, when his police remand ended, the police told the court here that he had been taken to Kolkata for the purpose of probe.
This amounted to illegal detention, said the application, but the court rejected it.
Mithare said further course of action would be decided after going through the magistrate's order.
Meanwhile, the jail authorities have told the court that Indrani -- who is accused of killing her daughter Sheena three years ago -- was being given quality food in jail and her plea for home food should be rejected as the jail rules don't allow such a facility.
Security concerns was another reason for denying home food, they said. The court is likely to pass order in this regard on Monday.
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