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1976 Supreme(All) 29

K.S.VERMA, HARI SWARUP
Raghavendra Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


HARI SWARUP, J.

( 1 ) THIS petition was moved for a relief to quash the proceedings pending against the petitioner in the court of the Chief Judicial Magistrate Unnao and for setting the petitioner at liberty. Learned Counsel appearing for the petitioner has made a statement that he does not press the first part of the relief but will confine the petition to the second part, namely, the relief to set the petitioner at liberty. He has contended that he prays only for a writ in the nature of habeas corpus.

( 2 ) THE petitioner was taken into custody at Lucknow on August 9, 1975 and is in jail since then. A criminal prosecution is pending against the petitioner in the court of the Chief Judicial Magistrate, Unnao. A charge sheet in the case was filed on 9-10-1975. The case was then adjourned to 22-10-1975. The accused who was in jail did not appear in court as he was not brought to court by the authorities. The Magistrate went on adjourning the case and fixed 10-11-1975, 9-121975, 9-1-1976 and has now fixed 14-2-1976 for the hearing of the case. On each occasion he ordered the production of the accused but it appears that on no date the accused was produced in court. The result of thi






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