UNTWALIA, J.

1. Babu Nandan Mallah, the sole petitioner in this application was arrested and forwarded to the Sub-divisional Magistrate, Hazaribagh, on the 11th July, 1970 in connection with Bishungarh P.S. Case No. 1(7)70 under Sec.395 of the Indian Penal Code. Eventually, cognizance was taken on 23-11-1970 on submission of the charge sheet by the police. The petitioner before submission of the charge sheet had moved this Court for bail in Criminal Miscellaneous No. 1512 of 1970 which was dismissed on 20-8-70. He all along remained in custody. The Sub-divisional Magistrate after taking cognizance transferred the case to the file of Shri S.K. Ghosh, Munsif-Magistrate, 1st Class, Hazaribagh, for enquiry under Chapter XVIII of the Code of Criminal Procedure (Act V of 1898) hereinafter called the Code. The petitioners case is that during the period - 11-7-1970 to 23-11-1970 - he was physically produced in court only on two dates and not on others. On some dates the learned Sub-divisional Magistrate did not record any specific order of remand either. The petitioners case further is that on 21-12-1970 Shri Ghosh was on casual leave and Shri Ramayan Singh, Judicial Magistrate, Ha