ABDUL NAIM Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Section 482, Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr. P.C.") to release the delinquent who is being proceeded against in a proceeding under Section 110, Cr. P.C., now pending in the Court of the Executive Magistrate, Cuttack, in Criminal Misc. Case No. 709/98.

(2.) In the present order I shall only deal with the action of the police and the magistrate in arresting the petitioner and keeping him under detention until such petitioner was released on bail under orders of this Court.

(3.) It appears that the proceeding under Section 110, Cr. P.C. was initiated on the basis of Non-F.I.R. No. 76/98 submitted by the Officer-in-Charge of Cantonment Police Station. It appears that the petitioner was arrested by the I.I.C., Cantonment P.S. and produced along with the Non-F.I.R. No. 76/98 on 17-8-1998 before the Executive Magistrate, Cuttack, who passed the following order :-