DEVI BUX SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two writ petitions for Habeas Corpus were allowed by us on 2-12-1989 after hearing the parties. We passed the following order :-

(2.) Now we proceed to record the reasons for the said order.

(3.) Devi Bux Singh has filed writ petition No. 7673 of 1989 (Habeas Corpus) on the allegations that he was sent to jail in connection with Crime No. 148 of 1988 of Police Station Huzoorpur, District Bahraich. The First Information Report was lodged by Mushtaq Ahmad on 28th December, 1988 at 1.30 p.m. The chargesheet was submitted against 13 persons including the petitioner in the Court of the Chief Judicial Magistrate, Bahraich on 21-3-1989. After submission of the chargesheet, the Chief Judicial Magistrate, Bahraich, by order dated 30th March, 1989, remanded the petitioner till 14th April, 1989 in the custody of Superintendent, District Jail, Bahraich under Section 209, Code of Criminal procedure. Meanwhile the petitioner was sent to District Jail, Faizabad in connection with Crime No. 23 of 1989 under Section 3 of the U.P. Gangsters and Anti-social Activities (Prevention) Act, 1986, (hereinafter referred to as 'the Act'). It is alleged that the petitioner was transferred without obtaining permission of the Chief Judicial Magistrate, Bahraich and he has not been remanded to custody after 14th April, 1989 in Crime No. 148 of 1988. It is further alleged that the petitioner has been released on bail in Crime No. 23 of 1989 under Section 3 of Act and has filed the bail bonds and release order has also been issued. On the basis of the above allegations, the petitioner has asserted that his detention after 18th April, 1989, in Crime No. 128 of 1988 is illegal. He has accordingly prayed for issue of writ of Habeas Corpus.