VIRENDRA SINGH Vs. SUPERINTENDENT DISTT JAIL FAIZABAD

JUDGEMENT

(1.) S. N. Sahay, J. This is a petition for issuing a writ of habeas corpus for the release of the petitioner, who is under detention in connection with Case Crime No. 566 of 1994 under Section 302/307, I. P. C. of P. S. Kotwali Nagar, district Faizabad.

(2.) THE facts of the case which are not in dispute are that on 28-6-1994 at 8. 30 a. m. a report was lodged by Mahatam Yadav against the petitioner Virendra Singh and one Dinai at P. S. Kotwali Nagar, Faizabad in connection with the murder of Ram Sewak Singh. THE aforesaid case crime was regis tered by the police on the basis of the said report against the persons named in the report, namely, petitioner and Dinai. On 21-7-1994 the petitioner was arrested at his residence in district Azamgarh by Sri Surya Bali Singh, Ins-pector-Incharge alongwith S. I. Kulbhushan Tewari and S. I. Indra Prakash Singh and certain others. THE arrest was made at 4. 00 a. m. THE petitioner was brought by the police party to P. S. Kotwali Nagar on the same day at 4. 00 p. m. and was thereafter lodged in District Jail, Faizabad after obtaining the order of the Magistrate and since then the petitioner is under detention in jail.

(3.) THE second contention of the petitioner is that the charge-sheet has been submitted against the accused persons and the enquiry is pending before the Chief Judicial Magistrate. Further remand has been granted by the Chief Judicial Magistrate and in that connection the custody warrant has also been issued by him. A copy of the custody warrant has been filed as Annexure CA-1 to the counter affidavit sworn by Sri Chunni Lal, District Jailor, Faizabad. In the said custody warrant it is mentioned that the accused is remanded to judicial custody and shall be detained in jail during and until the conclusion of trial and shall be produced in the court on the dates endorsed on the said warrant. THE exact words of the custody warrant may be quoted as below :