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1994 Supreme(All) 768

K.C.BHARGAVA, I.P.VASISHTHA
VEERENDRA SINGH – Appellant
Versus
SUPERINTENDENT, DISTRICT JAIL, FAIZABAD – Respondent



I. P. VASISHTH, J.

( 1 ) THE petitioner who is under detention in connection with the trial of a murder case registered against him as Crime No 50 of 1994, Police Station Khandasa, District Faizabad, seeks intervention of this Court under Art. 226 of the Constitution of India for release by way of a writ of habeas corpus on the averments that his detention was unauthorised and illegal. It was pleaded that on taking the cognizance of the matter on the basis of a charge-sheet filed on 27-6-1994 the Chief Judicial Magistrate, Faizabad cancelled the warrant under Sec. 167, Cr. P. C. and remanded the petitioner to judicial custody on the basis of a warrant prepared under S. 309, Cr. P. C. even though no specific order was passed on the order-sheet. Thereafter the case as fixed for 9-7-94 and again for 11-7-1994 but the petitioner was not produced in court on 9-7-1994, that he was produced on 11-7-1994 but no specific order regarding detention was passed on the order sheet and that even though he was produced in court on later dates and also supplied with the copies under S. 207, Cr. P. C. yet neither the commitment proceedings were concluded nor any specific orders passed on the order-s












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