- (1.) ALL the above three WP (Cr) writ petitions have been heard together as the common questions are involved for consideration and are being disposed of by this common order.
(2.) IT is alleged that the petitioners have been remanded in judicial custody without taking cognizance though charge sheet have been submitted in the case. The first information report was lodged under section 7/13 of the Prevention of Corruption Act, 1988. Learned counsel appearing on behalf of the petitioners submitted that they have been falsely implicated in this case and actually even after submission of the charge sheet, no cognizance have been taken in the cases which will also be evident from the order dated 22.3.2002 passed in Spl. Case No. 13 of 2002 that the cognizance was not taken only because previous sanction has not been obtained and it is also submitted that the remand in the case without taking cognizance which is a pre -condition, is illegal. On this score, the learned counsel for the petitioners also relied upon a case of Shri S. K. Lal VS. Laloo Prasad reported in 1998 Vol I P.L.J.R. page 782 and also in 1999(1) Eastern Criminal Cases page 1188.
(3.) IT is also submitted that it has been consistently held by the Division Bench that the remand of the accused without taking cognizance is not permissible under the law.;