JUDGMENT

Sujoy Paul, J. - The interesting conundrum in this habeas corpus petition is whether the petitioner is entitled to be released if he remained in custody without therebeing any valid order of remand from 17.04.2020 to 27.05.2020 ? Despite the fact that on 27.05.2020, the learned Special Judge has issued a remand order.

2. The admitted facts between the parties are within narrow compass. An FIR was lodged against the petitioner on 27th of February, 2020 in Police Station, Niwadi, District Tikamgarh for committing offence punishable under Section 305 and 376 IPC and Section 5/6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act )'. The petitioner was arrested on 01.03.2020. On 02.03.2020, the police produced the petitioner before the Special Court under the POCSO Act. Considering the fact that investigation is going on, the Court accepted judicial remand upto 14.03.2020. Shri Vishal Daniel, learned counsel for the petitioner by placing reliance on ( Khatri and others (II) vs. State of Bihar and others, (1981) 1 SCC 627 ) urged that at this stage itself, the learned Special Judge was under an obligation to inform the petitioner that he is entitled to