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1994 Supreme(All) 828

G.P.MATHUR, KUNDAN SINGH
GULAB KHATIK – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Syed Farman Ahmad Naqvi,

G. P. MATHUR, J.-, J.

This Habeas Corpus petition has been aying that this Court may issue a direction to the respondents lo set the petitioner at liberty forthwith,

2. It appears that a FIR under Sections 307 and 376, I. P. C was lodged at police station Kishunpur, district Fatehpur, on the basis of which a case has been registered as case crime No. 36 of 1994. The petitioner Gulab Khatik was arrested in connection with the aforesaid case. The petitioner applied for bail but his bail application has been rejected by the learned Session Judge, Fatehpur.

3. The Habeas Corpus petition has been filed on the ground that there is no legal remand order either by the learned Magistrate or by the learned Sessions Judge which may authorize the detention and, therefore, the detention of the petitioner is wholly illegal. Learned Counsel has submitted that prior to committal of the case no proper order of remand was passed by the learned Magistrate. Similarly after the case was committed to the Court of Sessions the learned Sessions Judge concerned has also not passed any legal or valid order of remand. In support of his submission the learned Counsel has placed reliance on Ram Narain v. State











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