The quashing of cognizance in one case does not absolve the accused of criminal liability in another related case, and materials from the quashed case can be used in the current case. Existing remand orders in related cases may be deemed applicable to the current case.

1. Heard counsel for the parties.

2. By this criminal writ application a prayer has been made directing the respondents to release the petitioner, who is in jail custody in Hussainganj Police Station Case No. 52 of 2006.

3. It is submitted by learned counsel for petitioner that for an incident, two cases were registeredone being Hussainganj Police Station Case No. 52 of 2006 and another in Hussainganj Police Station Case No. 54 of 2006. Subsequently, order taking cognizance in Hussainganj Police Station Case No. 54 of 2006 for offences under Sec. 302/34 of the Indian Penal Code read with Sec. 27 of the Arms Act was quashed by this Court in Criminal Miscellaneous No. 3562 of 2007. The petitioner, however, was detained in custody in view of Hussainganj Police Station Case No. 52 of 2006, though he was never remanded in this case by the learned Magistrate to jail custody. It is further submitted that the detention of the petitioner in absence of a valid remand order is illegal and wholly without jurisdiction, and, therefore, the petitioner is liable to be released forthwith.

4. It appears from the materials on record that Hussainganj Police Station Case No. 52 of 2006 was instituted on the basis of fardbeyan lodged by a village chowkidar, Deenanath Manjhi, for the occurrence, which took place on 28.3.2006, wherein one Sant Mukhia had sustained injuries. The injured was referred to PMCH and he succumbed to the injuries. Thereafter on 29.3.2006 Vidya Bhushan Prasad, uncle of the deceased, lodged fardbeyan before Pirbahore Police Station, Patna, which was forwarded to Hussainganj Police Station and, accordingly, Hussainganj Police Station Case No. 54 of 2006 for offences under Sec. 302/34 of the Indian Penal Code was registered.

5. In Hussainganj Police Station Case No. 54 of 2006 charge-sheet was filed against the petitioner and other accused persons, and, accordingly, cognizance of the offence was taken, whereas the case pertaining to Hussainganj Police Station Case No. 52 of 2006 for the same incident remained pending investigation. The matter thereafter came to this Court in Criminal Miscellaneous No. 3562 of 2007 challenging the order taking cognizance in Hussainganj Police Station Case No. 54 of 2006, which, ultimately, was allowed by this Court and the order taking cognizance was quashed. However, it was observed that the materials including the statements of the witnesses collected in Hussainganj Police Station Case No. 54 of 2006 shall be used in Hussainganj Police Station Case No. 52 of 2006 in accordance with law for submission of final form. At the same time, the Investigating Officer of Hussainganj Police Station Case No. 52 of 2006 was directed to complete the investigation of the case and submit final form.

6. After passing of the order by this Court, as referred to above, the learned Magistrate came in seisin of the matter pertaining to Hussainganj Police Station Case No. 52 of 2006 and before the learned Magistrate the police filed an application to proceed with Hussainganj Police Station Case No. 52 of 2006, which would be evident from order dated 19.4.2007 passed by the learned Chief Judicial Magistrate, Siwan. After order dated 19.4.2007 the record of the case was summoned by this Court in this writ application and the same was forwarded to this Court, which would be evident from order dated 23.4.2007.

7. In the peculiar facts and circumstances of the case, as referred to above, it appears that in view of the observation of this Court made in Criminal Miscellaneous No. 3562 of 2007, as referred to above, the learned Magistrate came in seisin of the matter, where a prayer was made by the Investigating Officer for appropriate order and while the matter was in process the record of the case came to this Court.

8. Since the petitioner was already in judicial custody in Hussainganj Police Station Case No. 54 of 2006 under valid order of remand, for all practical purposes, the order of remand of the accused pet