SUBHASH BHANDARI Vs. STATE OF U P

JUDGEMENT

(1.) -Writ petition No. 5480 of 1986 is the regular writ petition of Subhash Bhandari, on whose behalf a telegram was received in this Court which led to Writ Petition No. 5397 of 1986. The writ petition of Kamlesh Pratap Singh raises common questions with the writ petitions of Subhash Bhandari ; hence they have been taken up together for disposal.

(2.) ON 10-8-86 at about 10.45 p. m. a criminal case crime no. 905 of 1986, for offences under Section 307 IPC and Section 3 U. P. Gangesters and Anti- Social Activities (Prevention) Act, 1986 (hereinafter called Gangesters Act), was registered against petitioner Subhash Bhandari and Kamlesh Pratap Singh at P. S. Hazratganj, Lucknow, on the report of one Surya Kumar Verma. A police force, including S. I. Chhote Lal Tewari of P. S. Hazratganj, arrested both the petitioners from their houses in the night between 10/11-8-86 between 1 and 2 a. m. ON 11-8-86 both the petitioners were produced before the Additional City Magistrate, Lucknow. The Additional City Magistrate passed an order, under Section 167 (2) CrPC, remanding both the petitioners to jail custody upto 10-10-86. The custody of both the petitioners, in pursuance of that order of remand, has been challenged as illegal in these writ petitions.

(3.) IN compliance of the orders of the Hon'ble Supreme Court, a Criminal Contempt Enquiry Case No. 16 of 1986 was registered in the Court of Sessions Judge of Lucknow in which certain persons, including both the petitioners, were to be examined as witnesses. The statement of petitioner Kamlesh Pratap Singh had been recorded. The allegation of petitioner Subhash Bhandari that his statement had already been recorded in part and that the remaining part was to be recorded on 11-8-86 in the Court of Sessions Judge, Lucknow, has not been specifically denied on behalf of the opposite parties.