Cr.M.P.(M) No. 812 of 2009 22.10.2009 Present: Mr. Rakesh Jaswal, counsel for the petitioner. Mrs. Shubh Mahajan, Deputy Advocate General with Mr. J.S. Guleria, Assistant Advocate General, for the respondent. As informed by the learned Assistant Advocate General, the challan has not been filed within a period of 90 days from the date of the arrest of the petitioner. The petitioner is at liberty to apply before the Court of learned Sessions Judge or Magistrate concerned under Section 439 Cr.P.C. for grant of bail, due to failure of the police to file the challan within time. With these observations, the petition is dismissed. The learned Sessions Judge/Magistrate concerned is competent to consider the application due to non filing of the challan by the police. The petition stands disposed of. October 22, 2009 ( V.K. Ahuja), J. (BSS)