SONU MADANLAL YOGI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties. Rule. Rules is made returnable forthwith.

(2.) This petition under Article 226 of the Constitution of India is filed for issuance of writ of Habeas Corpus thereby directing production of the petitioner before the Court and after examining legality, validity and propriety of the continued detention of the petitioner, which according to the petitioner is illegal, issue directions to the Respondents to release the petitioner forthwith.

(3.) The background in which this petition is filed is that the petitioner was arrested in connection with the offence punishable under sections 363, 366, 376 of the Indian Penal Code. The petitioner was sent to judicial custody pursuant to the remand orders passed from time to time. The last remand order passed in the case of the petitioner is dated 11.11.2011. On that date, the chargesheet was filed before the concerned Magistrate by the Investigating Officer. As a result, the concerned Magistrate while extending the remand period of sending the petitioner to judicial custody till 25.11.2011, committed the matter to the Sessions Court.