SHIV KUMAR DWIVEDI Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2005-3-28
HIGH COURT OF CHHATTISGARH
Decided on March 16,2005

SHIV KUMAR DWIVEDI Appellant
VERSUS
STATE OF CHHATTISGARH Respondents

JUDGEMENT

A.K.PATNAIK.J.,FAKHRUDDIN.J. - (1.) '' Heard Mr. Shailendra Dubey, learned counsel for the petitioner and Mr. Pramod Verma, learned Additional Advocate General for the State of Chhat -tisgarh.
(2.) THIS is a habeas corpus petition for release of Shubhkaran Dwivedi, brother of the petitioner. The facts as stated in the petition are that Shubhkaran Dwivedi who was in District Jail, Sultanpur (Uttar Pradesh) was produced before the learned Chief Judicial Magistrate, Ambikapur, on 26 -12 -2003 in connection with Crime No. 416/2003 under Sections 302, 201, 120 -B of the Indian Penal Code and Sections 25/27 of the Arms Act registered at Police Station City Kotwali, Ambikapur (Chhattisgarh). Thereafter, the Chief Judicial Magistrate sanctioned the police remand of Shubhkaran Dwivedi up to 30 -12 -2003 and thereafter extended the remand up to 5 -1 -2004 and fixed 19 -1 -2004 for his production but he was not produced by the Police before the learned Chief Judicial Magistrate. Mr. Dubey, learned counsel for the petitioner submitted that under Section 167 of the Code of Criminal Procedure, the Magistrate has to authorise the detention of an accused person for any particular period and in the absence of such authorisation by the Magistrate, the detention of the accused will be ille - gal. He submits that in this case the detention of Shubhkaran Dwivedi was authorised by the Chief Judicial Magistrate only up to 19 -1 -2004 and any detention of Shubhkaran Dwivedi beyond 19 -1 -2004 is illegal.
(3.) ON 17 -1 -2005, this Court after perusing the letter dated 14 -6 -2004 sent by the Superintendent, District Jail, Sultanpur (Uttar Pradesh) -respondent No. 4, directed the Registry of this Court to send communication to the Superintendent, District Jail, Sultanpur (Uttar Pradesh) -respondent No. 4 asking him to send full facts of the case in which Shubhkaran Dwivedi is languishing in jail of Sultanpur (Uttar Pradesh) and pursuant to the said order dated 17 -1 -2005, the respondent No. 4 has communicated some copies of papers which show that Shubhkaran Dwivedi has been detained in custody at Sultanpur Jail in connection with several criminal cases.;


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