MANOJ YADAV Vs. STATE OF M P

JUDGEMENT

(1.) The interesting conundrum in this habeas corpus petition is whether the petitioner is entitled to be released if he remained in custody without therebeing any valid order of remand from 17.04.2020 to 27.05.2020 ? Despite the fact that on 27.05.2020, the learned Special Judge has issued a remand order.

(2.) The admitted facts between the parties are within narrow compass. An FIR was lodged against the petitioner on 27th of February, 2020 in Police Station, Niwadi, District Tikamgarh for committing offence punishable under Section 305 and 376 IPC and Section 5/6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act)'. The petitioner was arrested on 01.03.2020. On 02.03.2020, the police produced the petitioner before the Special Court under the POCSO Act. Considering the fact that investigation is going on, the Court accepted judicial remand upto 14.03.2020. Shri Vishal Daniel, learned counsel for the petitioner by placing reliance on (Khatri and others (II) vs. State of Bihar and others, 1981 1 SCC 627) urged that at this stage itself, the learned Special Judge was under an obligation to inform the petitioner that he is entitled to engage a private lawyer or in the case of his incapacity, he is entitled to get an Advocate through legal aid.

(3.) The next date was 14.03.2020 before the learned special Judge. The petitioner was produced before the Court through Video Conferencing. On perusal of case diary, the Special Court authorised the judicial remand between 14.03.2020 to 30.03.2020. The matter was not taken up on 30.03.2020. Indeed, it was taken up on 04.04.2020. The petitioner was not produced before the Court. The Court extended/authorised the remand upto 17.04.2020. The matter was directed to be posted on 17.04.2020 with a direction to produce the challan. On 17.04.2020, neither petitioner was produced nor government counsel appeared. Neither case diary was provided nor application seeking extension of remand was filed. The Special Court directed the Station House Officer, Niwadi to produce challan/file application seeking extension of remand. For this purpose, next date was fixed on 30.04.2020. On the said date, neither the government counsel nor the petitioner was produced before the Special Court. The said Court almost issued similar directions which were contained in the previous order dated 17.04.2020. Thereafter, the matter was taken up on 13.05.2020. The Government was represented by ADPO but petitioner was not produced. The learned special Judge noticed that neither charge-sheet nor application seeking extension of remand is filed and; therefore, directed issuance of notice to SHO as to why he failed to produce the challan and remand application. For obtaining his response, the matter was fixed on 27.05.2020.