STATE OF U.P. Vs. ATIQ AHMAD

JUDGEMENT

(1.) State of U.P. has filed this petition under Sec. 482, Cr. PC. against the judgment and order dated 17.2.2001 passed by IVth Additional District & Sessions Judge, Allahabad in criminal revision No. Nil. of 2001, Atiq Ahmad Vs. State of U.P. contained in annexure-1 and the consequential order of release dated 17.2.2001 (Annexure-2) passed by the Chief Judicial Magistrate, Allahabad in case crime No. 207 of 1994, State Vs. Atiq Ahmad , under Sections 302 and 120-B, IPC, P.S. Khuldabad, district Allahabad.

(2.) Heard Mr. Advocate General. Government Advocate and Mr. Arvind Tripathi, Addl. Government Advocate for the applicant-State and Mr. Daya Shanker Mishra, learned counsel for the opposite party.

(3.) Opposite party-Atiq Ahmad was arrested on 15.2.2001 at about 4 p.m. by Mr. R.P. Yadav, working as Station officer, Police Station Khuldabad, Allahabad in case crime No. 207/94. under Sections 302 and 120-B IPC, after receiving information and requisition from C. B. C.I.D. to the effect that prima facie offence was disclosed against the opposite pary. Mr. R.P. Yadav, S.O., P. S. Khuldabad had ensured the arrest under Sec. 55 read with Sec. 41, Cr. P.C. The opposite party was arrested in presence of his counsel-Mr. Saulat and other persons. Since he is a sitting Member of Legislative Assembly, with a view to maintain law, and order, it was decided not to keep the opposite party at police station Khuldabad but at police station Civil Lines. The grounds of arrest were disclosed to him regarding his involvement in the above case and he was produced before the Chief Judicial Magistrate. Allahabad at about 9.05 P.M. and by a detailed order passed by the C.J.M. Allahabad on 16-2-2001 at about 1.04 A.M. the opposite party was remanded to judicial custody under Sec. 167, Cr. P.C. and was sent to Naini Jail, Allahabad.