IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.387 of 2010 NIRJESH SINGH @ NAGA SINGH @ NIRJESH KUMAR Versus STATE OF BIHAR & ORS ----------- 4 6.10.2010 The petitioner seeks a direction to the respondent authorities to remand him in Jamui P.S. Case No.255 of 2005 under sections 364A, 302, 307/34 of the Penal Code. The petitioner at the moment is lodged in Barh jail in connection with Mokama P.S. Case No.115/04 under sections 302/34 of the Penal Code pending in the Court of learned A.D.J. IInd Barh in S.T.No.263 of 2008. A supplementary affidavit has been filed on behalf of the petitioner annexing copy of F.I.R. of Jamui P.S. Case No.255 of 2005 wherein though he has not been named in the F.I.R. but he has been made an accused in the case. Counsel for the State submits that the petitioner ought to have filed application before the Chief Judicial Magistrate, Jamui itself instead of moving this court in its writ jurisdiction. After hearing counsel for the parties, I am in agreement with the submission of learned State counsel that the petitioner ought to have filed an application before the Chief Judicial Magistrate, Jamui for issuance of production warrant for the purposes of being remanded him in the instant case. In case, such an application is filed by the petitioner, the Chief Judicial Magistrate, Jamui would pass an appropriate order in respect of 2 KHAN production warrant for the purposes of being remanded him in connection with Jamui P.S. Case No.255 of 2005. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)