1. - It is submitted by the learned counsel for the petitioner that the order dated April 7, 1985, has out lived utility in view of the fact that the accused was produced before ACJM on April 11, 1985. The investigating agency did not seek remand for further police custody and he has now been sent to judicial custody. In this view of the matter the petition against the order dated April 7, 1985 has become in fructuous. However, I would like to observe that the learned Addl. Chief Judicial Magistrate before passing the order ought to have perused the diary properly and he should have used the phraseology in consonance with the requirement of police diary and the remand in the police custody should be ordered on considerations which are available on the perusal of the police diary and not on the grounds which are extraneous circumstances not available. However, since the petition has become in fructuous, I must not pass any detailed order.

2. The Application is dismissed as in fructuous.Petition dismissed.

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