SURENDER KUMAR ALIAS SINDI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a criminal revision and has been directed against the order dated 18.1.1999 passed by the Court of Sessions Judge, Kurukshetra, vide which he granted the remand of the Petitioner.

(2.) The brief facts of the case are that Surender Kumar alias Sindi was arrested on 8.1.1999 in case F.I.R. No. 8 dated 7.1.1999 under Sections 341, 186, 353, 427, 506, 109 and 149 I.P.C. etc. registered in Police Station, Shahbad. He was produced before the Area Magistrate, who on 9.1.1999 declined to give police remand of the accused. The prosecution was not satisfied with the order of the learned Area Magistrate and the State filed a revision before the Sessions Judge, Kurukshetra, who initially entrusted the revision to the court of Addl. Sessions Judge. Later on, on the application of the prosecution, the learned Sessions Judge recalled the revision from the court of Addl. Sessions Judge and brought it on his own roster and gave a remand of three days by setting aside the order of the learned Area Magistrate. Thereafter, when the petitioner was produced before the Area Magistrate on 21.1.1999, the area Magistrate declined to give further remand of the petitioner. The order dated 21.1.1999 passed by the Area Magistrate' was not challenged by the prosecution before the Court of Session. Rather, on the evening of 21.1.1999 at about 4.55 p.m. the learned Sessions Judge re-summoned the doctors and the petitioner and gave a remand of two days.

(3.) In these circumstances two legal propositions arise for determination in this revision as under :