DHRUB KUMAR JAISWAL Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this criminal writ for issue of a writ in the nature of habeas corpus commanding the respondent to release him from illegal detention. The petitioner initially was made an accused in Siwan PS case No. 54/97. The investigation of the said case, subsequently, was taken up by the CBI and as such it was re-numbered as RC 2 (s)/1997. The petitioner was produced in RC case No. 2(s)/1997 on 6.3.1998. Thereafter he was produced on 26.3.1998 and he was sent to Siwan District Jail for production in an.0other case. Since thereafter the petitioner was not produced in RC 2(s)/97. Thus, the writ petition has been filed for issue of a direction to release the petitioner as his detention is illegal.

(2.) It was stated by the learned counsel for the petitioner that for about two years the petitioner was neither produced in the Court nor, he was remanded on the custody warrant. He also pointed out that on 15.12.2000 the case was adjourned to 19.1.2001 i.e. for a period of more than fifteen days, which is contrary to Section 309, Cr PC.

(3.) He also submitted that the charge-sheet in the case was submitted on 30.5.1998. Cognizance was taken on 1.6.1999. During the period he was not produced in the Court and as such the detention of the petitioner is illegal and he is legally entitled to be released.