( 1 ) HEARD the applicant, Km. Abha Pandey, in person, Sri V. B. Upa-dhyaya, learned Senior Advocate whom we requested to assist us as amicus curiage, and also the learned Government Counsel.

( 2 ) THIS Habeas Corpus petition has been filed by Km. Abha Pandey on behalf of her mother Smt. Usha Pandey, who has been taken into custody in pursuance of the order of the learned A. C. J. M. II. Basti dated 17-1-2001, in Criminal Misc. Case No. 80 of 2001. State v. Usha Pandey, under Section 340, Cr. P. C.

( 3 ) WE have perused the order dated 17-1-2001. It appears that Smt. Usha Pandey had appeared before the learned A. C. J. M.-II Basti on 17-1-2001 in a case under Section 125, Cr. P. C. against her husband Prahlad Pandey. During the hearing she is said to have made derogatory remarks against the learned Magistrate. The order dated 17-1-2001 states:-

( 4 ) IN view of the ahove remarks the learned Magistrate directed that since the conduct of Smt. Usha Pandey amounts to an offence under Section 228, I. P. C. hence action should be taken against her.

( 5 ) IT appears that on the basis of the said report of the A. C. J. M.-II the learned C. J. M. Basti took cognizance on the same day and dir

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