JAGANNATH MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE eight applications- (Crl. Misc. 62/69 and 95/69 being by the same person)have been filed praying that this Court should issue directions in the nature of habeas corpus under Section 491 Cr. P. C, to produce the petitioners before this court and set them at liberty.

(2.) ALL the petitioners excepting the one in Cr. Misc 77 of 69 were arrested by the police of Gunupur Police Station of Gunupur Sub-division in Koraput district on charges under Sections 120b/399-I. P. C. on different dates between 30-1-1969 and 2-2-1969, and were duly produced before the Sub Divisional Magistrate at Gunupur, who remanded them to custody till 14-2-69, A proceeding under Section 109 Cr. P. C. having been initiated against the petitioner in Crl. Misc. 77/69, he was arrested by the Gunupur Police on 2-3-69 and was duly produced before the magistrate at Gunupur, who remanded him to custody pending further investigation. It appears from the record that besides these petitioners a large number of other persons, about 52 in all, were also arrested on charges under sections 120b/399, I. P. C. As there was insufficient accommodation in Gunupur sub-jail, these petitioners were transferred to be lodged in Koraput District Jail on 6-2-1969. They were produced -before the Sub Divisional Magistrate at Koraput on the 14th February, 1969. On that very day, the other accused persons involved in this case who had been kept at Gunupur Jail were produced before the S. D. M. , gunupur. On the same day, the Investigating Officer filed an application in gunupur court praying for further remand as investigation was not complete. The court directed that charge sheet should be filed by 27-2-1969 and also directed that the remands in respect of not only the accused persons actually produced before him, but also the accused persons who were transferred to Koraput jail should be extended till 27-2-1969. On 19-2-69, the charge sheet was filed before the S. D. M. at Gunupur. Meanwhile, on 14-2-69, the petitioners were produced before the Sub Divisional Magistrate at Koraput who remanded them to custody till 20-2-69. On 28-2-69, the petitioners were produced before the S. D. M. at koraput who remanded them to custody till 8-3-69. The order sheet shows that this was done in pursuance of a wireless message received from the S. D. M. , gunupur. On 8-3-69, in the absence of any further instructions from the S. D. M. , gunupur, the Magistrate at Koraput extended the remand till 22-3-69. Thereafter, no further instruction appears to have been received by the Magistrate at Koraput, from the Magistrate at Gunupur, and in the absence thereof, he went on remanding the petitioners from time to time to 22-3-1969, 5-4-69, 16-4-69 and 17-4-69. On the last mentioned date, the petitioners were forwarded in custody to gunupur. It is not disputed, that after-being taken to Gunupur, the petitioners were produced before the S. D. M. at Gunupur who obviously under Section 344 cr. P. C. has remanded them to jail custody.

(3.) THESE, in short, are the facts of the case. The present applications were submitted by the petitioners while they were still in Koraput Jail complaining that they were being illegally detained there. The three short points that arise for consideration in these cases are --