NABBU Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India on behalf of the petitioner, Nabbu @ Navab s/o Babu Sakka praying for direction in the nature of mandamus commanding respondent no.2, Superintendent of District Jail, Bulandshahar not to transfer the petitioner from District Jail. Bulandshahar to any other district in pursuance of the production warrant issued from the other courts of Additional Chief Judicial Magistrate, Hapur (Ghaziabad) and Chief Judicial Magistrate, Bilaspur (Chhatisgarh) and also direct respondent no.2 to release the petitioner from the custody.

(2.) Brief facts of this petition are that the petitioner has been made accused by the police of police Station Syana, District Bulandshahar in Case Crime No.63 of 2005, under Sections 379 and 411 I.P.C. and Case Crime No.66 of 2005, under Section 25 Arms Act. He has also been made accused in case Crime No.Nill of 2005, under Section 41 / 102 Cr.P.C. and Sections 414,411 I.P.C. and in Case Crime No.64 of 2005, under Section 307 I.P.C. and 2/3 U.P. Gangsters Act.

(3.) After his arrest, he was sent to jail by the police in connection with all the above four cases on 19-6-2005. Since then, he is in jail at Bulandshahar under the custody of respondent no.2. Thereafter, the requisition dated 3.8.2005 was received by respondent no.2 from the court of Additional Chief Judicial Magsitrate, Hapur (Ghaziabad) requiring respondent no.2 to produce the petitioner before him in connection with Case Crime no. 912 of 2002, under Section 379 and 411 I.P.C., Police Station Hapur Nagar. District Ghaziabad.