SARVESH NARAIN SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed by Sarvesh Narain Shukla with a prayer to set aside the order dated 4 -4 -2007 passed by the learned Chief Judicial Magistrate, Bhadohi whereby the case of the accused O.P. No. 2, Udai Bhan Singh alias Doctor Singh has been committed to the Court of Sessions and the accused has been sent to District Jail Gyanpur by issuing the custody warrant in case No. 817 of 2007.

(2.) HEARD Sri G.S. Chaturvedi, Senior Advocate, assisted by Sri A.K. Dwivedi, learned Counsel for the applicant, learned A.G.A. and Sri Dileep Kumar, Sri Rajiv Gupta and Sri P.K. Singh and Sri A.K. Singh, learned Counsel for O.P. No. 2.

(3.) ACCORDING to the language of Form 36 the accused, who was sent back to the same Jail from where he was brought and produced to the Court concerned, therefore, all the four custody warrants prepared by the learned Chief Judicial Magistrate, Bhadohi are illegal and liable to be set aside and the and the accused Udai Narain Shukla alias Doctor Singh may be sent to District Jail Lucknow from District Jail Bhadohi.