RAMCHANDER NONIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The point for consideration in this case is that when some accused involved in a criminal case is produced before the court of the Chief Judicial Magistrate and thereafter remanded to be produced on the next date and if the accused persons thereafter are transferred to another jail on the basis of a production warrant received from the Chief Judicial Magistrate of another place and that the prisoners are sent beyond the jurisdiction of the court by the order of the Chief Judicial Magistrate and not produced on subsequent dates will be termed illegal detention and as to whether it will make the accused persons entitled to be set at liberty on the basis of violation of Arts.21 and 22(2) of the Constitution and S.167(2) and also S.309(2) of the Code of Criminal Procedure (hereinafter to be referred to as the Code).

(2.) It appears that the four petitioners were sent up in Pachrukhi P.S. Case No.93/82 under Ss.399 and 402 of the Penal Code and 25(A) and 26 of the Arms Act on 29-12-1982 before the Chief Judicial Magistrate, Siwan. They were remanded and were ordered to be produced on 12-1-1983. On 12-1-1983, they were produced before the learned Chief Judicial Magistrate and they were further remanded to jail custody to be produced on 25-1-1983. In between this period, it appears that on the requisition by the police they were given on remand to the police, statements under S.164 of the Code had been recorded and also there was prayer for bail.

(3.) An information had been given by the Superintendent of Jail, Siwan on 14-1-1983 to the Chief Judicial Magistrate that on the basis of the production warrant by the Chief Judicial Magistrate, Gorakhpur, the petitioners had been transferred to Gorakhpur jail as they were wanted in several criminal cases pending before the Chief Judicial Magistrate, Gorakhpur. Further, it appears from the ordersheet dt. 25-1-1983 that some of the accused persons involved in this case (not the petitioners) had also been sent to the court of the Chief Judicial Magistrate, Chapra in connection with some criminal cases and they had been kept confined in jail at Chapra. Accordingly, the petitioners were not produced on 25-1-1983 and also on the subsequent dates before the Chief Judicial Magistrate, Siwan as they were in custody of the court of the Chief Judicial Magistrate at Gorakhpur.