AFROZ ALIAS TANVIRUDDIN KHWAZA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner was kept in judicial custody in connection with Crime No. 74/2010 at Central Jail, Raipur. He was granted bail by the learned Judicial Magistrate 1st Class, Raipur and release order was issued on 23-9-2010 (Annexure P-1). However, when the petitioner was not released from jail, the petitioner has filed this petition and prayed for a direction to the respondents for immediate release of the petitioner from illegal confinement of respondent No. 4. THE petitioner has also prayed for adequate compensation for his illegal confinement.

(2.) THE respondents in their counter affidavit have averred that the petitioner was confined in the judicial custody as per the order of the Judicial Magistrate 1st Class dated 23-7-2010 (Annexure R-1). THE Court of Metropolitan Magistrate, 32nd Court, Bandra, Mumbai issued warrant for production of the petitioner in its Court on 28-8-2010 (Annexure R-2). THEreafter, another warrant dated 18-9-2010 for production of the petitioner in the Court of Additional Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai was issued and the same was received by respondent No. 4 on 20th September, 2010 (Annexure R-3). Since the case of the petitioner was pending in the local Court, information of production warrant was sent to the Court of Judicial Magistrate 1st Class, Raipur. THE petitioner was released from jail incompliance of the release order dated 23-9-2010. However, since the petitioner was to be produced before the Court at Mumbai on 1st October, 2010, the petitioner was detained in the Central Jail, Raipur and a memo was sent to the Reserve Inspector, District Reserve Police Line, Raipur on 23-9-2010 itself for arranging police force for compliance of the production warrant issued by the Court at Mumbai (Annexure R-6). An application was also filed in the Court of Judicial Magistrate 1st Class, Raipur on 27-9-2010 for issuance of transit remand to produce the petitioner before the Court at Mumbai in compliance of the production warrant (Annexure R-7). THEreafter the petitioner was sent to the Court at Mumbai on 27-9-2010 along with the Reserve Inspector, Raipur in compliance of the production warrant (Annexure R-8). THE petitioner and the other accused were produced before the Court of Addl. CMM at Mumbai on 29-9-2010 (Annexure R-9).

(3.) CHAPTER XXII of the Cr.PC deals with attendance of persons confined or detained in prisons. Section 267 empowers the Criminal Court to issue warrant for production requiring Officer in Charge of the prison to produce such person before the Court whereas Section 269 reads as under :-