1. This petition under section 482 of CrPC, is preferred by the petitioner herein/accused for quashing the order dated 2.1.2013 passed by the Additional Sessions Judge (FTC), Sabalgarh, Distriect Morena in Criminal Revision No. 303/12 affirming the order dated 14.12.2012 passed by the Additional Chief Judicial Magistrate, Sabalgarh in Criminal Case No. 1096/12 whereby an application under section 167(1) of CrPC, filed by the petitioner/accused has been dismissed.

2. Learned counsel for the petitioner submitted that the petitioner/accused has been arrested on 13.10.2012 in connection with Crime No. 411/12 under sections 306 and 498A read with 34 of IPC registered at Police Station, Kailaras, District Morena and produced before the Court on the same day. The learned Magistrate has granted judicial remand against the petitioner and lastly, it was granted till 17.12.2012. The police authority has not filed challan within sixty days, therefore, the petitioner is entitled to be released on bail as per the statutory provisions of section 167(2) CrPC, accordingly, he has submitted an application on 13.12.2012. The learned Magistrate fixed the case for 14.12.2013 for hearin