SANJAY KUMAR CHATURVEDI @ LALJEE Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri S.D. Mishra, Advocate for the petitioner and Shri K.K. Jha Kamal, A.P.P. for the State. At the time of making his submissions Shri Mishra has confined it only to Sec. 167 of the Code of Criminal Procedure. It was his submission that in the instant case the petitioner was remanded to custody on 24.7.1987 by the order of the Magistrate and as will appear from the note in the margin of the order sheet of the Chief Judicial Magistrate dated 23.10.87 that the charge sheet in this case was received in the G.R. Office on 22.10.1987. It has not been disputed that 22.10.1987 was a holiday and therefore this endorsement itself bears the date of 23.10.1987. Shri Mishra has submitted that on proper calculation the period of 90 days since the date of remand expires on 21.10.1987 itself and therefore even if this note on the margin of the order sheet is accepted as correct the charge sheet was received on the 91st day, though in the order passed by the learned Judicial Commissioner probably by some miscalculation 22.10.1987 was calculated to be 90th day.

(2.) Shri K.K. Jha Kamal the learned A. P.P. has conceded that under the facts and circumstances of this case 90th day expired on 21.10.1987.

(3.) In this connection Shri Mishra has drawn my attention to the case of C. Satyanarayana vs. State of Andhra Pradesh (A.I.R. 1986 Supreme Court 2130) according to which the period of 90 days will begin to run from the date of remand of the accused by the Magistrate and not from the earlier date when the accused was arrested.