Shyam (Business) 19 April 2023
Sidhhi 19 April 2023
T. Kalaiselvan, Advocate (Advocate) 19 April 2023
If the prima facie accusation or information is not well founded and sufficient grounds do not exist for the Magistrate to exercise his power of remand, in such cases, remand of accused can be refused. However this very rarely happens because it requires application of mind especially if the magistrate considers that this is a put up case hence arrest or remand is not necessary at this stage.
The accused who has been brought before the court must be involved in an ongoing investigation that cannot be completed within 24 hours and his presence is required by the police for the investigation. S. 57 provides that where a person has been arrested without warrant, he cannot be detained in custody for a period exceeding 24 hours without a special order by the magistrate under S. 167. Therefore, from a conjoint reading of S.57 and S. 167, it can be concluded that for an application under S. 167, it is required that the accused who is been forwarded to the magistrate must be involved in an ongoing investigation that cannot be completed within 24 hours. If the above procedures have been followed by magistrate then there can be no legal infirmity in the orders passed by the magistrate.
Hence you may not be entertained to file any case against the magistrate who has done his duty properly
Sudhir Kumar, Advocate (Advocate) 20 April 2023
repeated
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