TaxTMI 
TaxTMI 
2014 (7) TMI 1223
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....esence of the said Judicial Magistrate and it is also alleged that while beating he was told that it is a reward for his parents for reporting or complaining against him to the Supreme Court, and insulted him by stating that low caste people should not become malik of the land of the upper caste people like mausaji. Thereafter, the petitioner was taken from the house of the Judicial Magistrate to the Koneila jail where he is kept under detention. The petitioner states that he was unnecessarily and illegally detained by the police. It is also a further case of the petitioner that the Judicial Magistrate, Shri Tripathi also caused prejudice as he is out of vengeance against his parents. When they approached the local MLA, the MLA contacted the SHO of Dalsingsarai, District Samastipur, and the police informed the MLA that there is no complaint against the writ petitioner and they are going to release him but in spite of repeated requests they have not released him. 3. Hence, the petitioner prayed for grant of a writ of habeas corpus u/Art. 32 read with Art.14, 21 & 22 of the Constitution of India directing the Respondents to produce the petitioner Saurabh Kumar before this Hon'ble Co....
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....sh Roy, Rekha Devi, Golu Kumar, armed with lathis, pharsa, pistol beaten Mohan Kumar and snatched his wrist watch. It was also further alleged that at the gun point the petitioner party threatened the complainant therein to put his thumb impression on a stamp paper. On his refusal, the petitioner party threatened him to kill. The petitioner who is shown as accused in the said FIR was arrested in the said case on 30.6.2013. Thereafter, he was produced in the court of the Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur on 1.7.20123. On orders passed by him (Annexures R.6/2 and R.6/3), the petitioner was remanded to judicial custody vide order dated 1.7.2013. 8. When the matter came up before this Court, the learned counsel appearing for the petitioner Smt. Lily Isabel Thomas contended that the petitioner is in illegal custody and sought a direction for his release. This Court has pointed out to the counsel for writ petitioner about the counter affidavits filed by the respondents which show that the petitioner is an accused in a criminal case which was registered under Sections 147, 148, 149, 323, 427, 504, 379 and 386 of IPC and under Section 27 of Arms Act and after ....
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....he next date when the application is listed. In the meantime and until 10.6.2013, status quo in the matter shall be maintained. The order may be given dasti." 11. A mortgage Suit No. 13/94 was also filed in which a decree was obtained against the grandfather of the petitioner and thereafter the grandfather of the petitioner Banwari Roy has also filed a civil Title Suit bearing T.A. No. 17/99 which was dismissed by the learned Additional District and Sessions Judge-I, Samastipur on 1.6.2013., taking into consideration the orders passed by this Court. 12. After obtaining decree in the Suit for delivery of possession Rama Kant Singh has filed Execution proceedings on which the Munsif has ordered for police force for the delivery of possession which was executed on 3.3.2013 and thereafter again an incident had taken place on 1.5.2013. A complaint was given by one Mohan Kumar which was registered as FIR P.S. No. 72/13 under different Sections of the IPC and under Section 27 of the Arms Act. At that point of time, the petitioner was produced before the Additional Chief Judicial Magistrate. Then the Magistrate after examining him, directed to send him to jail by order dated 1.7.2013 (....
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..... 15. Accordingly, the writ petition as well as the Crl.M.Ps. stand dismissed. T.S. Thakur, J. 1. I have had the advantage of going through the order proposed by my esteemed brother N.V. Ramana, J. I entirely agree with the view taken by him that the petitioner cannot be said to be in illegal custody so as to warrant the issue of a writ of Habeas Corpus. I would all the same add a few words of my own to what has already been stated by my esteemed and erudite brother. 2. Petitioner's case is that he was called to the police station on 30th June, 2013 in connection with some enquiry about the issue of a passport. When he reached the police station, he was unceremoniously locked up only to be produced before Shri Tripathi, Judicial Magistrate, Respondent No.6 in the writ petition, on the following date i.e. 1st July, 2013. He was, according to the averments in the petition, beaten up with lathis by one Manish Kumar Suman, DSP arrayed as respondent No.9 in the writ petition. The beating is alleged to have taken place in the presence of the Judicial Magistrate as a reward for the audacity of the petitioner's parents reporting against the Magistrate to the Supreme Court. The petitio....
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.... 27 of the Arms Act Hence cognizance taken against the accused persons in above sections. The case record is kept in personal file for trial and disposal (sic) issue summon to the unappeared against persons. Produce on 2-01-2014 for production and appearance. " 4. Subsequent orders passed in the case show that the accused has been produced before the Magistrate concerned from time to time and remanded to custody, awaiting service of summons upon the remaining accused persons who are, according to the affidavits filed by the respondents, absconding. 5. Two things are evident from the record. Firstly, the accused is involved in a criminal case for which he has been arrested and produced before the Magistrate and remanded to judicial custody, Secondly, the petitioner does not appear to have made any application for grant of bail, even when the remaining accused persons alleged to be absconding and remain to be served. The net result is that the petitioner continues to languish in jail. 6. The only question with which we are concerned within the above backdrop is whether the petitioner can be said to be in the unlawful custody. Our answer to that question is in the negative. The....