RAJESH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) A. S. Tripathi, J. This revision is filed against the remand orders passed by the Chief Judicial Magistrate, Allahabad on 14- 9-1993, 28-9-1993, 12-10-1993, 26-10-1993 and 5-11-1993 declaring the same to be illegal. It is further prayed that in view of the fact that the remand orders are illegal the revisionist be admitted to bail in case Crime No. 324 of 1993 under Sec tion 302, I. P. C. and Crime No. 328 of 1993 under Sections 25/27, Arms Act Police Station Kydeganj, District Allahabad. .

(2.) IT is alleged that the committal order passed by the Chief Judicial Magistrate under Section 209, Cr. P. C. on 12-10-1993 did not contain the order, of remand according to law. The provisions of Section 207, Cr. P. C. are not complied with necessary papers were not supplied to the revisions. However, no remand orders were passed on 14-9-1993 and 28-9-1993. The report of Chemical Examiner for blood- stained earth was not received and the committal order has been passed without this report. The learned Chief Judicial Magistrate had passed mechanical order and had not applied his mind. The remand orders are illegal and, therefore, they are liable to be quashed.

(3.) THEN the accused-revisionist was brought before the court again on 14-9-1993. The learned Chief Judicial Magistrate as it is evident from the order-sheet passed the following orders: "accused present in custody. Fix 28-9-1993 for appearance. Sum mon the accused from jail. " THEN again on 28-9-1993 the revisionist was brought before the court and the learned Chief Judicial Magistrate passed the following orders: "aaj pesh huwa. Awaj dilayee gayee. Muljim Rajesh jail se hirasat mein haajir aya. Waste Hajiri tareekh 12-10-1993 mukarrar kee gayee gai. Muljim jail se talab howe. "