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1981 Supreme(All) 109

R.B.LAL, H.N.SETH
RAJENDRA GOSAIN – Appellant
Versus
SUPERINTENDENT, DISTRICT JAIL – Respondent


H. N. SETH, J.


( 1 ) BY this petition under Article 226 of the Constitution, petitioner Rajendra Gosain who is being detained in the District Jail, Banda ever since 11th Aug. , 1979, challenges the validity of his detention and prays for a writ of habeas corpus. According to him, his detention has been rendered invalid inasmuch as the persons responsible for the same have contravened the provisions of Article 22 of the Constitution and the Code of Criminal Procedure. He also claims that as at present there is no valid order from any competent Court authorising the superintendent of District Jail, Banda to keep him in custody, he is entitled to be set at liberty forthwith.

( 2 ) THE case of the respondents, on the other hand is that to begin with the petitioner was lodged in the District Jail Banda on 12th Aug. , 1979 in pursuance of a warrant of remand in criminal case No. 323 of 1978 under Section 396, I. P. C. Subsequently petitioners detention was also authorised under remand warrants issued by criminal Courts in connection with crime case No. 67 of 1979 under Section 395/397, I. P. C. Police Station Raipura, Crime case No. 256 of 1978 under Sections 395/397, 1. P. C. Police Sta







































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