G. S. Lal, J. (for himself and on behalf of K. C. Puri, J.) :- This is a petition under Section 491 of the Code of Criminal Procedure which has come before the Full bench on a reference by a Division Bench of which one of us was a member. We have already allowed the petition by our order dated 22-5-1971, stating that our reasons would however be given later on. We proceed to give our reasons now.

2. The facts of the case are briefly these. The petitioner Urooj Abbas is an under-trial in a case under Section 379 and 411, I.P.C. He is detained in jail. One of the grounds taken by him in support of the case that his detention in jail is illegal is that on neither of the dates 4-1-1971 and 13-1-1971 fixed in the case for hearing he was called in the Court room before the Magistrate and there was therefore no legal remand of himself to jail custody. The second ground is that the learned Magistrate did not record any order remanding the petitioner to jail custody. The third ground is that no proper warrant remanding him to jail custody was prepared.

3. It is not in controversy that in the case of the petitioner the learned Magistrate had to act in accordance with the provisions