A.S.TRIPATHI
RAJESH MISHRA – Appellant
Versus
STATE OF U P – Respondent
This revision is filed against the remand orders passed by the Chief Judicial Magistrate, Allahabad on 14- 9-1993, 28-9-1993, 12-10-1993, 26-10-1993 and 5-11-1993 declaring the same to be illegal. It is further prayed that in view of the fact that the remand orders are illegal the revisionist be admitted to bail in case Crime No. 324 of 1993 under Sec tion 302, I. P. C. and Crime No. 328 of 1993 under Sections 25/27, Arms Act Police Station Kydeganj, District Allahabad. .
2. It is alleged that the committal order passed by the Chief Judicial Magistrate under Section 209, Cr. P. C. on 12-10-1993 did not contain the order, of remand according to law. The provisions of Section 207, Cr. P. C. are not complied with necessary papers were not supplied to the revisions. However, no remand orders were passed on 14-9-1993 and 28-9-1993. The report of Chemical Examiner for blood-stained earth was not received and the committal order has been passed without this report. The learned Chief Judicial Magistrate had passed mechanical order and had not applied his mind. The remand orders are illegal and, therefore, they are liable to be quashed.
3. I have heard learned counsel for
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