The court held that the CJM had not acted in accordance with the order of the court and the provisions of the CrPC and that the attachment of the applicant's property was invalid.

( 1 ) DEVENDRA Singh Negi alias Debu filed this aplication on 8-1-1993 for modification of my order dated 30-9-1992 passed in Criminal Misc. Application No. 12627 of 1992. It was prayed that the learned Chief Judicial Magistrate Incharge Sessions Judge, Tehri Garhwal be directed to consider the surrender and bail application of the applicant without further delay.

( 2 ) THE facts of the case are that an F. I. R was lodged on 23-3-1992 by one Sanjay Sharma at Police Station Muni Ki Reti, District Tehri Garwal, under Section 302, I. P. C. and the same was registered as Crime No. 10 of 1992. It was stated in the F. I. R. that on 20-3-1992 at 11 a. m. one Indrajeet Singh was murdered by three persons, namely, Yogendra Datt Panwar, Nand Kishore alias Nandu and Rishi. There was no mention that any person other than the three named in the F. I. R. also participated in the crime.

( 3 ) THE applicant filed an application under Section 482, Cr. P. C. stating that the police was trying to arrest him on the strength of a so called confession made by co-accused Rishi and Yogendra Singh to the police which was not even admissible and there was hardly any other material against the applicant. The applicant had set up a case of mala fide on the part of the police and the learned counsel had further submitted that the bail matters were being dealt with in a lethargic manner at Tehri Garhwal. Considering the entire circumstances of the case, it was directed that if the applicant surrendered and applied for bail, his bail application may be considered the same day by the learned Magistrate concerned, but if the disposal of the bail application was adjourned, the applicant may be released on executing a personal bond till such adjourned date only. The same relief was granted in respect of bail application if moved before the Court of Sessions. This order was passed on 30-9-1992. The present application has been moved on 8-1-1993 stating that even though the applicant wanted to surrender he was not taken into custody and that Sri Naresh Jain, learned C. J. M. , Tehri Garhwal, was trying to circumvent and defeat the order of this Court by not allowing the applicant to surrender in court and, thus, giving a free hand to the police to arrest the applicant. Learned counsel for the applicant, Sri R. Dobhal, prayed that a direction may be issued to the learned C. J. M. to take the applicant in judicial custody when he surrenders without giving a long rope which may enable the police to arrest the applicant, use third-degree methods and humiliate the applicant.

( 4 ) CERTIFIED copies of the surrender application dated 29-1-1992, the bail application and the order passed by Sri Naresh Jain on 29-10-1992 have been placed on record. The original record from the court of learned C. J. M. has also been summoned. The surrender application filed by the applicant on 29-10-1992 makes a mention of the order passed by this Court on 30-9-1992. The record further reveals that a photo copy of the order of this Court was also filed before the learned C. J. M. Not only this, it was clearly mentioned in paragraph 2 of the surrender application that attachment of property has already been made in pursuance of the process issued under Section s. 82/83 Cr. P. C. Even though the applicant has been proclaimed as absconder and the property had been attached Sri Naresh Jain, the learned C. J. M. did not take the applicant in cusody when he surrendered but passed the following order :- "a. P. O.- Please report by 4-l1-92 at Kirti Nagar. "

( 5 ) ACCORDING to the learned counsel for the applicant, the applicant wanted to surrender as he apprehended danger of his life and limbs if he fell in the hands of the police but the learned C. J. M. fixed 4-11-1992 and allowed the applicant to walk away even though a proclamation has already been issued by the same court declaring the applicant to be an absconder. Thus the learned C. J. M. was trying to circumvent the order passed