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2019 Supreme(Chh) 799

SANJAY K.AGRAWAL
NILIMA MURGESH ACHARI – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
T.K. Jha, Adv., Chandresh Shrivastava, Adv.

JUDGMENT

Sanjay K. Agrawal, J. - Petitioner's son namely Shubham Achari was arrested by the jurisdictional police in connection with crime No. 11/2018 for offences punishable under Sections 307, 397 and 459 of the Indian Penal Code on 07-01-2018. He was produced before the Chief Judicial Magistrate, Bilaspur for grant of remand on 09-01-2018 and the said Magistrate, on due application of mind, granted remand and sent accused Shubham Achari into judicial custody till 19-01-2018. Thereafter, further judicial remand was granted by the learned Chief Judicial Magistrate on 19-01-2018, 16-02-2018, 01- 03-2018, 15-03-2018, 28-03-2018 and finally on 06-04-2018, in the absence of accused Shubham Achari, he was charge-sheeted on 06-04-2018 and case was also committed to the court of Session on 20-04-2018. After full dressed trial, he was ultimately acquitted by the court of Session, Bilaspur for the charged offences on 04- 04-2019.

2. This writ petition has been preferred by his mother during his custody on 01-11-2018 mainly complaining that except on 09-01- 2018 he was never produced before the Chief Judicial Magistrate who remanded him on judicial custody time to time from 19-01- 2018 to 28

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