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1994 Supreme(All) 485

S.K.PHAUJDAR, R.B.MEHROTRA
LOKENDRA – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Prem Prakash,

R. B. MEHROTRA, J.

Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.

2. By means of present Habeas Corpus petition the petitioner has prayed this court, to issue a writ, order or direction in the nature of Habeas Corpus, for setting the petitioner at liberty. The main ground of attack is that the petitioner was committed to sessions trial by the Magistrate vide his order dated 22- 12-1993 directing that the accused are committed to the court of Sessions and the file of the case may be transmitted to the Court of Sessions Judge within a week. According to the petitioner, the Magistrate thereafter passed an order that the accused are remanded to jail custody during and until conclusion of the Sessions trial. The exact words used by the Magis trate are quoted herein below :

3. On 22-12-1993, the file was placed before the Sessions Judge who directed that papers for committing the accused in the court of Sessions, received, Sessions trial be registered and the accused may be produced in court on 4-2-1994. On 4-2-1994, the Sessions Court directed that accused Kamal Singh and Balbir Singh present the remaining accused be summoned from jail.









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