LAL BEHARI TEWARI Vs. STATE

JUDGEMENT

(1.) This is a petition from jail challenging the petitioner's detention under section 108 of the Code of Criminal Procedure. On the last date of hearing the petitioner was not produced in Court and the Superintendent of Jail sent a report stating that the petioner had been "released on bail on May 15, 1976." Since the petitioner had been "released on bail on May 15, 1976." Since the petitioner had challenged the proceedings and his continued detention, I summoned the records of the Sub-Divisional Magistrate concerned to find out the true state of affairs. The records have now been received. The order of May 15, 1976 shows that the petitioner was discharged since the petitioner had been in custody for more than six months and under section 116(6) of the Code of Criminal Procedure the proceedings stood terminated automatically.

(2.) Normally I would not have passed the present order because the petitioner has since been discharged. However, on going through the record and the petition, I have decided to write a detailed order.

(3.) I also find that the Superintendent of Jail was not prompt in forwarding the petition and there seems to be some delay by the Registry and I have decided to look into the matter as to why this delay has taken place in order to avoid any such repetition.