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Kavitha (Propriter)     22 November 2014

Remand extention

Dear sir,

when the magistrate fails to extend judicial remand time to time in persuant of crpc 309 what is the remedy to secure his release. He is in prison in one case as under trail. He is also accused in one more case where he is not arrested, now the charge sheet is filled in the second case . Magistrate has issued body warrant in the second case but after the first date of warrant his presence is secured by issuing body warrants after 25 to 30 days. Will it amounts to legal custody as per crpc 309 when he has not issued body warrant time to time with in 15 days.



Learning

 2 Replies

adv.raghavan (Advocate,9444674980)     24 November 2014

The magistrate has power to do so. under section 167 (1) (a).

T. Kalaiselvan, Advocate (Advocate)     25 November 2014

Yes it will amount to judicial custody,you may refer to section 167(1)(a) (i)(ii)(iii) wherein the provisions are very clear to reply your query.


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