Producing prisoners before Magistrate/Court having no jurisdiction serves practically no purpose.

R. Sudhakar, J.

This Habeas Corpus Petition has been filed by one Sheetal, daughter of one of the detenues, namely, Jagadesh, for and on behalf of her father and the following other detenues, namely, (1) Om Prakash, Son of Ranjot Singh (2) Zaildarsingh, Son of Jagmal Singh (3) Ravindersingh, Son of Premasingh (4) Rakesh, Son of Ramupal (5) Lakshman, Son of Kari and (6) Babulu, Son of Kishnanlal.

2. According to the petitioner, all the above said persons were arrested and remanded to judicial custody in Crime No.451 of 2004, on the file of Velaveu Police Station, for offences under Sections 395, 397, 120-B r/w.27(2) of the Arms Act. It is stated in the petition that they were produced periodically before Tiruvallur Sessions Court and on 13. 2007 they were not produced before the said Court. Therefore, the present Habeas Corpus Petition has been filed stating that detention beyond 13. 2007 of the above said seven persons is illegal and violative of Article 21 of the Constitution and Section 309 of the Criminal Procedure Code and therefore, they should be set at liberty.

3. At the time of admission, i.e., on 23. 2007, based on the submissions made by the Additional Public Prosecutor, it has been recorded that the detenues were produced before Judicial Magistrate No.III, Vellore on 13. 2007 and remand was extended upto 30.3.2007.

4. The only contention raised by the learned counsel for the petitioner is that the Judicial Magistrate, who extended the remand on 13. 2007, has no jurisdiction to extend the remand and, therefore, the order extending the remand is illegal.

5. Learned Addl. Public Prosecutor has produced a copy of the wireless message, dated 13. 2007, from the Superintendent, Central Prison, Vellore, addressed to the Principal Sessions Court, Tiruvallur District, which reads as follows: -

"I submit that the following convict & remand prisoners concerned in P.R.C.No.40/2005 and Vellavedu Police Station Crime No.451/2002 are to be produced before Honble Court on 13. 07. Due to Honble Chief Minister of Tamilnadu visit to Tiruvannamalai District entire police personnel engaged for bando bust duty escort not provided by the Armed Reserve, Vellore District from 16.03.2007 & 17.03.2007. Hence the above prisoner not able to produced before Honble Court on 16.03.2007.

The Chief Judicial Magistrate, Vellore vide proceeding No.1073/2007/HC, dated:

16. 03.07 Judicial Magistrate, Vellore nominated to extend the remand period."

6. Subsequently, a report dated 19. 2007 is filed by the Inspector of Police, B-7 Vellavedu Police Station, Tiruvallur and it states as follows: -

"3. It is submitted that based on the complaint a case in Crime No.451/04 was registered for offence under sections 395 & 397 I.P.C. During the course of investigation, the main accused Oma Bawaria @ Omprakash was arrested by the Inspector of Police, Sriperumpudur Police Station in connection with the Crime No.352/2004 under sections 302, 307, 397 I.P.C. On 9. 05. On his confession it is came to light of his involvement in this case. Investigation disclose that A-1 Omprakash and his associates involved in 24 cases in similar nature and committed dacoity to the property worth more than a Crore apart from causing injuries to 64 peoples.

4. It is humbly submitted that the investigation reveals that 33 persons has been involved in the above said crime and out of which 11 persons arrested and remanded to judicial custody.

5. It is further submitted that after completion of investigation final report has been filed on 15. 2005 before the learned Judicial Magistrate No.II, Poonamallee for offence under sections 395 & 397 I.P.C. read with 120 B I.P.C. And 109 I.P.C and 27(2) Arms Act and the same has been taken on file by the learned Judicial Magistrate No.II, Poonnamallee in P.R.C.No.40/2005 on 05.07.2005.

6. It is respectfully submitted that the case has been committed to the learned District Judge, Thiruvellur so far, 10 accused are concerned. The other