NARENDRA YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Dilip Kumar and Rajiv Gupta learned Counsel for the petitioner and the learned A.G.A.

(2.) THE facts of this case, in brief, giving rise to this petition are that the petitioner was arrested by the police of Police Station Kasna, District Gautambudh Nagar on 20 -1 -2005 at 12.00 noon from City Park, Draw Spot of the Greater Noida and he was sent to lock -up of the police station Kasna on 18 -1 -2005 at 2.10 p.m. in Case Crime No. 21 of 2005 under Sections 420, 467, 468, 471, I.P.C. Police Station Kasna District Gautambudh Nagar. The petitioner was brought and produced before the Court of learned C.J.M. Gautambudh Nagar on 20 -1 -2005 at 1.15 p.m. An application dated 20 -1 -2005 was moved on behalf of the petitioner in the Court of learned C.J.M. with a prayer that the petitioner was detained in the police custody more than 24 hours so his detention is illegal, therefore, he may be released forthwith but that application was rejected and the learned C.J.M. concerned passed an order on 20 -1 -2005, whereby the petitioner was remanded to the judicial custody for a period of 14 days. In pursuance of that order, the petitioner was sent to the District Jail, Ghaziabad.

(3.) IT is further contended by the learned Counsel for the petitioner that the investigating officer moved an application before the learned C.J.M. concerned with a prayer that the petitioner may be remanded to the police custody, but the petitioner was remanded to the judicial custody for a period of 14 days. Now, the learned C.J.M. concerned is considering the prayer of police remand on the same application moved by the investigating officer on 20 -1 -2005, in which the petitioner is required to file his objection. So the aforesaid exercise is illegal and unwarranted as there is no material available on the case diary produced by the Investigating Officer in the Court of 20 -1 -2005, warranting any direction for the police remand for the purposes of further investigation.