NURULLAH Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. This revision under Section 397/401 Cr. P. C. has been filed against the orders dated 30-7-98, 1-5-98, 18- 8-98,29-8-98,8-9-98,22-9-98,23-9-98, 12-10-98,5-11-98, 4-12-98,4-1-99,19/20-1-99,19-2-99,19-3-99,15- 4-99 and 1-5-99 passed by the Ilnd Additional Sessions Judge, Gorakhpur in Sessions Trial No. 144 of 1998.

(2.) I have heard Sri A. P. Tewari, learned counsel for the applicant-revisionist and the A. G. A.

(3.) I have considered both these authorities Clause (b) of Section 209 Cr. P. C. provides that the Magistrate may com mit the accused and may remand the ac cused into custody until the conclusion of the trial. If once the Magistrate remands the accused into custody under Section 209 Cr. P. C. until the conclusion of the trial no separate order of remand is required to be recorded. The applicant has not filed the copy of the order under Section 209 Cr. P. C. passed by the Magistrate to show that no such remand order has been passed. There was no necessty of passing any remand order under Section 309 Cr. PC.