Law: Governor-Criminal Procedure Code (V of 1898)

Section: 164,344

(a) Criminal Procedure Code (V of 1898), Ss. 167 & 344- Remand of accused-Not to be granted mechanically without applica tion of mind-To be granted only in case of real necessity and period to be fixed with due regard to reasonable requirements-Magistrate bound to record briefly reasons for remanding accused to police custody. A Magistrate in view of section 344, Cr. .P. Code should assign reasons for adjourning the case and remanding the accused to custody. Likewise, under section 167, Cr. P. Code, though a Magistrate is not expected to pass an elaborate order, he is certainly required to briefly indicate the reasons for remanding, a prisoner to police custody. It must be remembered that a Magistrate acting under section 167, or section 344, Cr. P. Code has to weigh evidence to decide whether the prisoner should be detained in custody or not, and this function of his, is essentially a judicial function. The remand to police or judicial custody should not be granted in a mechanical fashion, application of mind is a must, and should be granted in case of real necessity and the period should be fixed with due regard to the reasonable requirements of the case, as it involves the liberty of citizens of the State. It has been noticed in a number of cases that the Prisoners are often remanded to the custody, in a mechanical manner under section 344, Cr. P. Code and thus the important provision of law has become nugatory. Section 344, Cr. P. Code con templates a stage prior to the submission of the charge-sheet as time is wanted for further investigation and also regulates an enquiry or a trial in a criminal Court, therefore, if Magistrates take upon themselves, to enforce this provision in its letter and spirit, the usual complaints of inordinate delay in investigation and trial of criminal cases would evaporate. (b) Criminal Procedure Code (V of 1898), S. 491 read with Ss. 167 & 344-Remand of accused-Illegality - Magistrate remanding accused to custody without assigning reasons or examin ing police file-Detention though illegal nevertheless subsequent filing of charge-sheet and summoning of prosecution evidence thereupon, held, validated remand order. Date…