D. N. Jha, J. - (1.) HABEAS Corpus Petition No. 2094 of 1983 filed by Muneshwar, was referred by a Division Bench as it involved legal questions. Identical questions were involved in HABEAS Corpus Petition No. 6584 of 1983 filed by Bhagauti and HABEAS Corpus Petition No. 6324 of 1983 filed by Nageshar. Consequently they were also connected and were directed to be disposed of by a larger Bench. This is how these three habeas corpus petitions are before this Court. All these petitions have been moved on the ground that there was no valid remand order in operation against the petitioners and, therefore, their detention was rendered illegal.
(2.) PETITIONER Muneshwar of Writ Petition No. 2094 of 1983 has been charged under section 302 IPC. The charge sheet was submitted against him on 14-9-1982. Since the commitment proceedings were pending in the court of the Judicial Magistrate, the Judicial Magistrate pissed the following order on 27-9-1982. The translation is an under :- " Whereas a charge under section 302 IPC crime No. 254/82 criminal case No. 781/82 is pending against accused Muneshwar which is under enquiry by this Court, you are hereby required to keep the said accused Muneshwar in your custody until commitment to the court of sessions and to produce him in that court thereafter whenever required." No specific remand orders were passed on the subsequent dates of hearing, namely, 8-10-1982, 20-10-1982, 2-11-1982 and 14-3-1983. On 26-3-1983 the case had been adjourned to 8-4-83 for production of the accused persons, including those who were on bail. Muneshwar bad not been released on bail and an endorsement on the earlier custody warrant dated 27-9-02 referred to above was made as follows ;- " 26-3-83 to 8-4-83-(initials of Magistrate), " On 8-4-1983 the case was adjourned to 22-4-1983 and likewise an endorsement was made on the same custody warrant :- " 8-4-83 to 22-4-83 (initials of Magistrate). "' The petition was filed on 19-4-83. The facts giving rise to Writ Petition No. 6324 of 1983 are that Nageshwar petitioner was prosecuted by the police of P. S. Dhammaur, District Sultanpur, in a criminal case which was registered as crime case no. 119 of 1983 under sections 302/308/323 IPC along with other co-accused. The charge sheet against the petitioner and co-accused was submitted in the court of Judicial Magistrate I, Sultanpur. The case had not been committed to the court of sessions till the date of filing of the writ petition. The co-accused in the case had been released on bail by the learned Sessions Judge but the bail application moved on behalf of the petitioner was rejected by the said court. The learned Magistrate after submission of the charge sheet fixed the case for 12-8-1983 for furnishing the necessary copies of the papers in the charge sheet for the purpose of committing the case to the court of session. The copies were not ready for being supplied to the petitioner and the case was adjourned for 25-8-1983. The copies were still not ready and the case was adjourned on 25-8-1983 to 31-10-1983 and again on 31-10-1983 to 27-1-1984. Various other dates on which the case was adjourned have been mentioned in Annexure A-1 filed with the counter affidavit by the State. The petitioner was remanded to jail custody on 25-8-1983 upto 31-10-1983 and from 31-10-1V83 upto 27-1-1984. This petition was filed by Nageshwar on 30-11-1983.
(3.) THE facts giving rise to Writ Petition No. 6584 of 1983 are that Bhagauti petitioner was being prosecuted by the police of P. S. Atrauli, District Hardoi. Crime Case No. 75 of 1982 has been registered against the petitioner at the aforesaid police station under sections 147/148/149/302/323 IPC. On 5-4-1982 the petitioner was arrested by the Police of P. S. Atrauli as he was wanted in crime case no. 75/1982. THE petitioner was produced before the Chief Judicial Magistrate on 6-4-1982 and a remand order after perusing the case diary was granted. Charge sheet against the petitioner and other co- accused had been submitted on 4-6-1982 whici was received in court on 8-6-1982. THE petitioner entered the District Jail, Hardoi, on 6-4-1982 and the custody warrant was issued by the Chief Judicial Magistrate, Hardoi in crime no. 75 of 1982 under sections 147/148/149/302/323 IPC of P. S. Atrauli, District Hardoi. THEreafter remand warrants were issued on 2-6-1983 upto 16-6-1983, on 16-6-1983 upto 30-6-1983, on 30-6-1983 upto 14-7-1983, on 14-7-1983 upto 21-7-1983, on 28-7-1983 upto 19-9-1983, on 19-9-1983 upto 29-10-1983 and on 29-10-1983 upto 22-1-1984. All these petitions came up for hearing on 17-1-1984 before the Full Bench and the case was thereafter adjourned to 2-2-1984. On 2-2-1984 it was brought to our notice that Muneshwar petitioner in Writ Petition No. 2094 of 1983 had been released on bail and his case has been committed to the court of sessions. His petition, therefore, was rendered infructuous and was dismissed.;