KRISHNA YADAV Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE petitioner has filed the instant writ petition for a direction that the petitioner be released forthwith in view of the provision of Section 167(2) of the Code of Criminal Procedure. His grievance is that petition under the aforesaid provision was filed on 2.12.1998, but the learned Sessions Judge did not pass any order either accepting or rejecting the application.

(2.) THE crucial question that arises for consideration in this writ petition is whether the provision of Section 167(2) of the Code of Criminal Procedure at all applies to the case of the petitioner.

(3.) FROM the order-sheet of the Court of Sessions Judge it appears that the petitioner was produced before the Special Judge on 12.9.1998, when he was remanded to custody till 26th September, 1998. The Court had asked for the relevant documents, and it appears that those documents were received by the court on 21.9.1998. After perusing the original documents, such as seizure list etc. the documents were directed to be kept in the file and the file was directed to be put up on 26th September, 1998, which was the date fixed in the case. It appears that earlier on 16.9.1998 the petitioner had filed an application for his release on bail, but that was rejected by the Sessions Judge by order dated 5.10.1998. It also appears from the order-sheet of the Court of Sessions Judge that the application preferred by the petitioner before the High Court for grant of bail was also rejected subsequently. The matter is now pending before the Court of Session Judge. The prosecution has been directed to produce its witnesses for examination before the Court. It is the case of the petitioner that so far no charge-sheet has been submitted by the Police and, therefore, the detention of the petitioner beyond the period of sixty days from the date of his arrest is hit by Section 167(2) of the Code of Criminal Procedure. Since the offence alleged against the petitioner is punishable with imprisonment for maximum period of five years, the Police should have submitted its report/charge-sheet before the Court within sixty days of the date of his arrest which has not been done.