ASHOK CHANDREJ SINGH Vs. CBI-EOW

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the Petitioner states that the order dated 5 January 2018, passed by the Additional Chief Metropolitan Magistrate, 3rd Court, Esplanade, Mumbai be quashed and set aside.

(2.) Primarily, the Petitioner seeks issuance of Writ of Habeas Corpus or appropriate Writ and direction directing the police machinery to set him at liberty forthwith.

(3.) We had heard extensive arguments on this Petition on more than one occasion. The arguments were canvassed before the Vacation, but since the composition of the bench changed post summer vacation, the Petition was argued afresh by Mr. Nilesh Pawaskar, the learned Counsel appearing for the Petitioner. He not only relied on the annexures to the Petition, but sought to meet the contents in the affidavit-in-reply by presenting a rejoinder affidavit and in that rejoinder affidavit, the Petitioner's Counsel was fair enough to annexe a copy of what is popularly known as a challan/charge-sheet but identified with legal terminology employed in Section 173 of the Code of Criminal Procedure. Thus, a report of the investigation was laid in the Court and the only argument therefore which was remaining for consideration and duly canvassed by Mr. Pawaskar was that this was not done within the prescribed time limit. Hence, the order remanding the Petitioner accused thereafter results in the Petitioner's illegal and unconstitutional detention enabling this Court to issue Writ of Habeas Corpus.