Remand of accused
Swami Sadashiva Brahmendra Sar
(Querist) 17 February 2010
This query is : Resolved
Is a magistrate required to go through case diary ignoring the remand application of IO ? does rejection of remand application amounts to interference in investigation ?
sanuj klshreshtha
(Expert) 17 February 2010
hello, there, well u seems to be a student of law,, is it? well anyways, at the remand stage the magistrate is empowered under section 167 of CrPC, 1973 to send the accused in police custody that is called as remand or police rmand. well mgst. may if deems fit calls for the case diary,, however sending to remand or not is entirel a discretionary power of the msgt. Section 167 (1) entails a duty upon IO to produce the case diary before mgst, failing which mgst may calll for it... whereas section 167(2) use the word "may" that means the mgst has discretion in the matters of sending accused to police remand , he may or may not, depending upon the material on record and facts and circumstances of each case.
N.K.Assumi
(Expert) 17 February 2010
Dear Dr.Tripathi, I know that you know the answer but you may be trying to test our knowledge and understanding to the issues: I am of the view that it depends on the grounds under which remand is required by the Police.I am also of the view that the Magistrate should not blindly grant remand on the request of the Police.In fact V.R.Krishna Iyer,J. in one of the case has made it very clear that simply the police wants to interogate or search the permises of the accued is no grounds to remand the accused as these can be done even without remanding the accused. But the practice is developing with the magisterial court granting remand staright away on the request of the Police.In australia as early as in 1984 they have been researching on Intensive supervision and Electronic Survelliance in alternatives to Remand in Custody. I think we have to give a serious thoughts on these lines of reasoning. I would ppreciate if you can expressed your views on the Australian concept of remand.
Guest
(Expert) 17 February 2010
agreed with sanuj.
Swami Sadashiva Brahmendra Sar
(Querist) 17 February 2010
Dear Asumi,
I may be knowing the answer that may not be complete and accurate. My thirst for discussion is - whether orders of magistrate regarding police remand is an interference of judiciary in the function of executive?
N RAMESH.
(Expert) 17 February 2010
//Is a magistrate required to go through case diary ignoring the remand application of IO?//
It is the discretion of magistrate.
//does rejection of remand application amounts to interference in investigation?//
Certainly not.
Sukhija
(Expert) 17 February 2010
I agree with expert Ramesh
