- (1.) By means of this petition u/ s.482, Cr. P.C. the petitioner, Mohammad Harun, has prayed for quashing the order passed by the Chief Judicial Magistrate, Jaunpur dated 30-9-1988 in Criminal Case No.87 of 1986 (Annexure 1 to the petition).
(2.) The petition was admitted by this Court 23-12-1988 and learned Additional Government Advocate wanted time to ascertain the facts. This Court further ordered that : - "It appears that the Magistrate has without making due enquiry as to who was guilty for releasing the applicant from jail without his undergoing the complete sentence or remission of any part of the sentence, has passed the impugned order. Under the circumstance, the operation of the order dated 30-9-1988 is stayed meanwhile."
(3.) The brief facts of the case are that the petitioner in Criminal Case No.87 of 1986, u/s. 379/411, IPC., P.S. G.R.P., Jaunpur, was convicted by the Chief Judicial Magistrate, Jaunpur, vide his order dated 23-8-1977 and was sentenced to one year's R. I. where against he preferred an appeal No. 113 of 1977 before the Sessions Judge who also dismissed the appeal on 29-3-1978. Thereafter, the petitioner approached by way of revision to this Court and this Court also on 31-7-1979 dismissed the revision but reduced the sentence from one year's R. I. to 9 months' R. I.;