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1978 Supreme(Pat) 26

SHAMBHU PRASAD SINGH, S.K.JHA, UDAY SINHA
Tuneshwar Prasad Singh And Another – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.K.JHA, J.

1. The petitioner of each of these two criminal writ cases feeling oppressed and obsessed by his alleged illegal detention has prayed for a writ of habeas corpus. Time and again learned Counsel for the petitioners pressed upon our attention the observations of Untwalia, J., speaking for the Supreme Court in the case of Natabar Parida V/s. State of Orissa, AIR 1975 SC 1465 that if the Legislature has, in its wisdom, created a paradise for the criminals by the Cr. P. C., 1973 (hereinafter to be referred to as the Code), the courts have to abide by the will of the Legislature. Such a paradise, it is claimed, has been created for the petitioners under the command of the Legislature. Learned Counsel for the petitioners, while initiating their argument with the aforesaid observations, sought to support these applications by contending that, since there was no power of remand of an accused person to custody between the time of talcing of cognizance of the offence by the Magistrate and the commitment of the case to the court of session in cases exclusively triable by that court, the Magistrate could not resort to his inherent powers for the purpose of remanding the accu




































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