RAM LAKHAH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for writ of Habeas Corpus. Prayer is for a direction to the respondents to set the petitioner at liberty since his detention since 10th July, 1998 is illegal being in contravention of section 309(2) of the Code of Criminal Procedure.

(2.) THE petitioner was arrested in connection with Barauni P.S. Case No. 525/96 and remanded to jail custody on 29.4.1998. Charge-sheet was submitted on 23.6.1998 and cognizance was taken on the same day.

(3.) THE petitioner contends that the detention of the petitioner after 27.6.1998 is illegal being contrary to sub-section (2) of Section 309 of the Code of Criminal Procedure. It is contended that the Chief Judicial Magistrate, Hazaribagh has no jurisdiction to remand the petitioner to custody. It is submitted that the case has not been committed to the Court of Sessions, hence production before the Magistrate having jurisdiction to commit the case was mandatory and that production before the Chief Judicial Magistrate Hazaribagh was absolutely illegal.