SUNITA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, by means of this habeas corpus petition, seeks her release on the ground that her judicial custody in Chowk P.S. Case No. 96/2003 registered for the offences punishable under Sections 328, 302 read with Section 34 of the Indian Penal Code, after submission of the charge-sheet but without taking cognizance, is bad in law.

(2.) IN the case of S.K. Lal vs. Lalu Prasad & Others, the Special Judge, C.B.I. (A.H.D.), Patna, referred two questions of law for answer by this court. The two questions read thus: (i) Whether the proceeding in between filing of charge-sheet and commencement of trial in a warrant case is an enquiry? (ii) Whether the undertrial can be remanded to custody after submission of charge-sheet even before taking cognizance during such enquiry?.

(3.) NOT accepting the view expressed in Lakshmi Brahman, the Supreme Court in Raj Kishore Prasad held that the proceedings before the Magistrate at the stage of Section 209 (proceedings for commitment of the case to the Court of Session) are not inquiry.