- (1.) This is a criminal revision against the judgment and order dated 12-2-92 passed by the learned Special Judge, Moradabad in Session Trial No. 748-A/84 State v. Mohammad Daood under Ss. 394/397, I.P.C. Police Station Hajrat Nagar Garhi, District Moradabad.
(2.) The facts giving rise to this criminal revision briefly stated are as under :- The revisionist Mohammad Daood Qureshi was one of the accused in Session Trial No. 748/84 State v. Asad. During trial Mohammad Daood Qureshi absconded. Consequently his case was separated from the original Session Trial No. 748/84 and was numbered as Session Trial No. 748-A/84 State v. Daood. The revisionist Mohammad Daood Qureshi was charged under Ss. 394/397, I.P.C. in Session Trial No. 748-A/84. After framing charges, he absconded. He was, however, arrested in Bombay in connection with N.D. and P.S. Special Case No. 801/89 State (D.C.B. C.I.D.) v. Mohd. Daood. He moved several applications before the Special Judge, Moradabad, who ultimately passed an order under S. 267, Cr. P.C. and the 'B-Warrant' in Form No. 36 was sent to Bombay. Consequently the revisionist Mohd. Daood, who was confined at the relevant time in Nasik Road Central Prison, Nasik, was ultimately transferred on 1-12-90. He reached Moradabad on 3-12-1990 and was produced before the Special Judge, Moradabad on 3-12-90 itself. The Special Judge, Moradabad passed an order remanding him (revisionist Mohammad Daood) in judicial custody. A copy of that order has been marked as Annexure-C. A-1 to the counter-affidavit.
(3.) The revisionist had been absconding for more than six years. Consequently the Session Trial No. 748-A/84 could be started only when the revisionist was brought to Moradabad on 'B-Warrant'. The Special Judge, Moradabad remanded him from time to time in the judicial custody during trial.;