S.S.SANDHAWALIA, J.

1. The larger questions of criminal jurisprudence which loom for adjudication in these connected writ jurisdiction cases may well be precisely formulated in the terms following :

(i) Whether a Magistrate has no jurisdiction to pass an order of remand unless an application or a request to that effect is made by the Police or the prosecution ?

(ii) Whether the physical production of the accused before the Magistrate for the purpose of remand is so mandatory that a failure to do so would vitiate the same even if the circumstances for non-production were beyond the control of the prosecution and the Police ?

(iii) Whether a defect or illegality in the order of a remand of an accused person is incurable and he can claim a writ of habeas corpus despite the fact that on the date of hearing he is in custody under a valid order of remand ?

(iv) Whether the judicial orders of a Criminal Court (stricto sensu) under the Code of Criminal Procedure, are amenable to quashing by a writ of certiorari ?

2. The facts giving rise to the pristinely legal questions aforesaid are not in serious dispute and lie in a narrow compass. The petitioner was arrested at dawn on the 9th