SHIV KUMAR GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner on 9th December, 2004, praying therein, for issuance of an appropriate writ/order/ direction from this Court, commanding upon the concerned respondent to release him from jail custody forthwith in connection with R.C. No. 8 (A) of 2004 (AHD -R), registered under Sec. 7 of the Prevention of Corruption Act, now pending in the Court of learned Special Judge, CBI, Dhanbad.

(2.) THE main plea taken is that the detention of the petitioner in jail custody with effect from 20th September, 2004 is in the teeth of the provisions under Section 309 (2) of the Code of Criminal Procedure, remand having been made even after the statutory period without taking cognizance.

(3.) ACCORDING to the petitioner, he is innocent and has been falsely implicated in this case, he having committed no offence. Counsel for the petitioner submitted that the letter, forwarding charge -sheet, was issued on 18th September, 2004 along with the original sanction order. List of witnesses, list of documents and list of material objects were received but without the case diary and, accordingly, the Sr. Public Prosecutor of CBI was directed to produce the case diary on the next date. It has been submitted that the original case diary along with other papers having not been forwarded to the Court, no cognizance was taken by the learned Court below. Though it was not permissible for the learned Magistrate to remand an accused in a case where cognizance has not been taken even after submission of charge -sheet, impugned order of remand has been passed illegally in the teeth of the provisions of Sec.309 (2) of the Code of Criminal Procedure.