Rajendra Rai And Ors. vs The State Of Bihar And Anr. on 19 August, 1974
7. On the contrary, in the present case, the significant question which arises for consideration is whether or not it is permissible for the learned Magistrate by a warrant to remand the accused already in custody in cases where charge-sheet has been submitted but cognizance has not been taken. The facts of the present case are, therefore, fundamentally different from those in Rabindra Rai's case. We, therefore, reject the submission of the learned Govt. Advocate.