ORDER

Faizanuddin, J. - This is a petition under Article 226 and 227 of the Constitution of India filed by the three petitioners, namely Raju alias Raj Kumar, Santosh and Mahesh for issuance of a writ of Habeas Corpus on the following averment:

2. All the three petitioners were arrested on 6-4-1989 by Gama Police, in crime No. 240/89 for an alleged offence under Section 376/34 of the Indian Penal Code. They were produced before the Chief Judicial Magistrate, Jabalpur, who by a warrant issued on 7-4-1989 remanded them to judicial custody till 20-4-1989. Thereafter on 20-4-1989 as well in on several subsequent dates, the petitioners were produced before the Chief Judicial Magistrate who grant a judicial remands from time to time in the absence of the petitioners and, therefore, it is alleged that their detention is illegal and they are entitled to be set at liberty by issuance of a writ of Habeas Corpus.

3. The respondent/State had filed the return on 30-6-1989 through Shri C.B. Madan, Superintendent, Central Jail, Jabalpur, as Officer in-charge of this case, candidly admitting that the petitioners were not produced before the court on 30-4-1989; 4-5-1989; 18-5-1989 and 15-6-1989 due