MUKHTIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ALONG with five other petitioners Mukhtiar Singh is also arrayed as an accused in case First Information Report No. 260 dated 4th June. 1990 of Police Station Fatehabad under sections 302, 323, 148, 1491452 of the Indian Penal Code and sections 25/27 of the Arms Act. On 10th August, 1990 the petitioner was remanded to jail custody till 31st August, 1990.

(2.) ON 31st August, 1990 the petitioner was not produced in court. Learned Sub Divisional Judicial Magistrate, Fatehabad, issued production warrants to jail authorities for 10th September, 1990 and then again for 28th September, 1990. On 20th September, 1990 detenu petitioner Mukhtiar Singh filed in this Court Civil Writ Petition No. 2180 of 1990 for the issuance. of a writ of habeas corpus for obtaining his release from illegal detention on the grounds that during the period 31st August, 1990 to 28th September, 1990 he was being detained inside Central Jail, Hissar, without the issuance of any remand order, remanding him to judicial custody, by a Criminal Court of competent jurisdiction.

(3.) I have heard Shri Atul Lakhanpal, Advocate, for the petitioner, Mr. S.C. Mohunta, A.G. Hry. with Mr. L.P. Sood, D.A. for the State and have carefully gone through the material on record.