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2012 Supreme(Jhk) 998

R.K.MERATHIA, D.N.UPADHYAY
Ram Bilash Sahu – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the petitioner: Mr Krishna Murari
For the respondent CBI: Mr. Md. Mokhtar Khan.

Judgment

Heard the counsel for the parties.

2. This Criminal Writ Petition has been preferred by the petitioner for quashing of the order dated 24.2.2012 ( Annexure-6) passed by the Special Judge, CBI, Ranchi, in connection with RC case No. 20(A)/2009R whereby and whereunder the petitioner has been remanded to judicial custody on the ground of non compliance of section 41(B) of the Code of Criminal Procedure and section 80 read with section 76 of the Cr. P.C. The legality of the order has also been challenged on the ground of violation of Article 22(1) and 22(2) of the Constitution of India. It is further prayed that the petitioner may be directed to be released forthwith from custody and an exemplary compensation be granted for his illegal detention by the CBI.

3. Respondent CBI has appeared and filed counter affidavit stating inter alia that the petitioner is in Judicial custody since 24.2.2012 and he is under lawful detention and therefore instant writ petition is not maintainable. It is also contended that the petitioner was wanted in connection with RC case No. 20(A)/2009 in which he has been charge sheeted but he did not appear even after issuance of warrant of arrest and pro






























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