ORDER

A.K. Patnaik C.J. and Shri Fakhru-ddin, J. – Heard Mr. Shailendra Dubey, learned counsel for the petitioner and

Mr. Pramod Verma, learned Additional Advocate General for the State of Chhat-tisgarh.

2. This is a habeas corpus petition for release of Shubhkaran Dwivedi, brother of the petitioner. The facts as stated in the petition are that Shubhkaran Dwivedi who was in District Jail, Sultanpur (Uttar Pradesh) was produced before the learned Chief Judicial Magistrate, Ambikapur, on 26-12-2003 in connection with Crime No. 416/2003 under Sections 302, 201, 120-B of the Indian Penal Code and Sections 25/27 of the Arms Act registered at Police Station City Kotwali, Ambikapur (Chhattisgarh). Thereafter, the Chief Judicial Magistrate sanctioned the police remand of Shubhkaran Dwivedi up to 30-12-2003 and thereafter extended the remand up to 5-1-2004 and fixed 19-1-2004 for his production but he was not produced by the Police before the learned Chief Judicial Magistrate.

3. Mr. Dubey, learned counsel for the petitioner submitted that under Section 167 of the Code of Criminal Procedure, the Magistrate has to authorise the detention of an accused person for any particular period and in