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1993 Supreme(AP) 187

S.S.M.QUADRI
Utchala Jayarami Reddy – Appellant
Versus
State Of A. P. – Respondent


S. S. M. QUADRI, J.

( 1 ) THE first accused in Crime No. 60 of 1992 of Muddanur Police Station (P. R. C. No. 7/93) is the petitioner. He along with eight others was alleged to have committed offences under Ss. 148, 307, 302 r/w Section 34, I. P. C. Section 25 (1) (b) (a) and Section 27 of the Arms Act and Sections 3 and 5 of the Explosive Substances Act. He states that he was arrested on 29-9-1992 and the charge-sheet was taken on file on 27-1-1993. As more than 90 days period has expired from the date of his arrest and the date of taking cognizance of the offences, he filed an application under section 167, Cr. P. C. , Criminal M. P. No. 75/93, in the Court of the II Additional Sessions Judge, Cuddapah. That petition was dismissed on 24-2-1993. He says that his continuance in remand after 90 days without taking cognizance of the offence amounts to illegal detention and prays that he may be released on bail.

( 2 ) SRI. M. Sreeramulu Reddy, the learned counsel for the petitioner, submits that as the learned Magistrate did not take cognizance of the offences within 90 days of the arrest of the petitioner, his continued detention is illegal being contrary to the provisions of Section 1



























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