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2001 Supreme(Pat) 8

R.N.PRASAD, A.K.SINHA
Ajay Pandey – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The Deputy Superintendent of Police, Muzaffarpur submitted a report dated 4.1.2000 to the District Magistrate, Muzaffarpur for initiating a proceeding under Section 3 of the Bihar Control of Crimes Act, hereinafter to be referred to as the Act. Pursuant to the report the District Magistrate initiated a proceeding le. C.C. Act Case No 8 of 1999- 2000 against the petitioner and directed to issue notice under Section 3(1) of the Act to the petitioner Simultaneously, direction was given to issue warrant of arrest under Section 7(2) of the Act. The petitioner was arrested and brought before the District Magistrate on 8.3.2000 and he was remanded to jail custody fixing 6.4.2000. The petitioner tendered his explanation with regard to initiation of the proceeding, Annexure 3, on 27.6.2000. The explanation is pending and no order has been passed on the said explanation. However, the petitioner is being remanded time to time and is in custody. No final order either on the explanation filed by the petitioner or under Section 3(3) has been passed. Thus, the petitioner has filed this writ petition challenging the action of the District Magistrate, respondent No. 4 and made prayer for




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