Surrender before court
tarun
(Querist) 08 October 2011
This query is : Resolved
main accused (husband) surrendered before court, father and mother anticipatory is pending before adj, the court called i.o for taking husband in custody, but i.o said to nayab court on phone that he cant come as he is out of station, court without mentioning this fact in file order (i.o refused to come) send the husband in two days judicial custody with notice to i.o/prosecution. now the i.o will ask for police remand for recovery of dowry articles, now during the period of notice if court send the husband (accused) in judicial custody, now can court give police remand to police ? if yes how we can save the accused (husband ) from police harrasement as i.o is adverse to accused and threatening beating to husband in police station. can we avoid police remand?
Raj Kumar Makkad
(Expert) 08 October 2011
In the given matter, there is no possibility of any beating etc. because accused is already under judicial remand and if police/IO implements what threatened, they shall have to face its consequences because court is also involved therein and medical check up can be done prior and after the remand and even presence of defence lawyer may also be sought. Remand of maximum one day is sufficient in such cases, even if court grants it. You may even offer delivery of all articles of istridhan in you possession even when you are in judicial custody.
Shonee Kapoor
(Expert) 08 October 2011
Yes, he can be sent to Police Remand later, it happened in my case too.
Though generally no beating is done now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Govind
(Expert) 08 October 2011
if u think there is any apprehension of beating then accused have right to demand an advocate when police inquire him. And a special thing is that police have no power to beat the accused in police custody/remand. but if in any case police do the same accused can complain the same to magistrate or S.P. or to high court and can file criminal as well as civil suit against the I.O. who beat him.
Ravikant Soni
(Expert) 09 October 2011
I cant say it would work but i suggest u to try:-
As per amended provision of section 41 cr.p.c. a case under section 498 a falls under sub section one. so before arrest police officer need to serve a notice to accused and if an accused comply with the terms of notice the police need not to arrest such person.
Therefore file a cross petition on the occasion when police files the petition to take custody of accused as to bound police to serve notice to the accused person however he is in judicial custody.
moreover you may get order under section 41D of Crpc.
prabhakar singh
(Expert) 09 October 2011
There is a bit difference between powers conferred by law to enforcing agencies and recognition of rights of those facing them as in practice the former always enjoy liberties greater than latter's law full rights.
ajay kumar mishra
(Expert) 09 October 2011
Respected Mr.Soni,
I respectfully differ with you, here the question of arrest does not arise because the accused has already in J/C and police may seek P/C from the ld. court so section 41 crpc would not work out.
Moreover Police has right to get the P/C subject to order of the court and the accused may show his apprehension of custodial torture before the court at the time of police remand hearing.
tarun
(Querist) 09 October 2011
one more question, in which section of Cr.Pc the lawyer of accused can present with accused at the time of investigation in POLICE CUSTODY?
Please reply fast
Arun Kumar Bhagat
(Expert) 09 October 2011
While endorsing the views of Mr. Ajay Kr.Mishra I want to add that Police Remand can only be allowed during first 14 days of arrest/surrender of the accused.After 14 days it shall not be entertained.
Ravikant Soni
(Expert) 10 October 2011
Dear Ajay,
This question came in my mind as well. But I read somewhere in commentary that PC remand starts with arrest. No remand without arrest. There is no procedure laid down in any law as to without arrest PC or JC. In given circumstances the magistrate already called the SHO to get arrested the accused person but due the his non emergence he had to send him JC.
It is a discussion forum. And I am not an omniscient, we just share here what we think right in our conscience.
Ravikant Soni
(Expert) 10 October 2011
@ Tarun,
It's 41D of Cr.P.C. (newly amended)
Ravikant Soni
(Expert) 10 October 2011
@ Tarun,
It's 41D of Cr.P.C. (newly amended)
ajay kumar mishra
(Expert) 12 October 2011
Respected sir,
I only differ with your opinion and nothing else. I have to learn a lot even from the juniors.
