MUNESHWAR Vs. STATE OF U P

JUDGEMENT

(1.) HABEAS Corpus Petition No. 2094 of 1983 filed by Muneshwar, was referred by a Division Bench as it involved legal questions. Identical questions were involved in HABEAS Corpus Petition No. 6584 of 1983 filed by Bhagauti and HABEAS Corpus Petition No. 6324 of 1983 filed by Nageshar. Consequently they were also connected and were directed to be disposed of by a larger Bench. This is how these three habeas corpus petitions are before this Court. All these petitions have been moved on the ground that there was no valid remand order in operation against the petitioners and, therefore, their detention was rendered illegal.

(2.) PETITIONER Muneshwar of Writ Petition No. 2094 of 1983 has been charged under section 302 IPC. The charge sheet was submitted against him on 14-9-1982. Since the commitment proceedings were pending in the court of the Judicial Magistrate, the Judicial Magistrate pissed the following order on 27-9-1982. The translation is an under :-

(3.) THE facts giving rise to Writ Petition No. 6584 of 1983 are that Bhagauti petitioner was being prosecuted by the police of P. S. Atrauli, District Hardoi. Crime Case No. 75 of 1982 has been registered against the petitioner at the aforesaid police station under sections 147/148/149/302/323 IPC. On 5-4-1982 the petitioner was arrested by the Police of P. S. Atrauli as he was wanted in crime case no. 75/1982. THE petitioner was produced before the Chief Judicial Magistrate on 6-4-1982 and a remand order after perusing the case diary was granted. Charge sheet against the petitioner and other co- accused had been submitted on 4-6-1982 whici was received in court on 8-6-1982. THE petitioner entered the District Jail, Hardoi, on 6-4-1982 and the custody warrant was issued by the Chief Judicial Magistrate, Hardoi in crime no. 75 of 1982 under sections 147/148/149/302/323 IPC of P. S. Atrauli, District Hardoi. THEreafter remand warrants were issued on 2-6-1983 upto 16-6-1983, on 16-6-1983 upto 30-6-1983, on 30-6-1983 upto 14-7-1983, on 14-7-1983 upto 21-7-1983, on 28-7-1983 upto 19-9-1983, on 19-9-1983 upto 29-10-1983 and on 29-10-1983 upto 22-1-1984.