Sunday, 9 April 2017

Whether accused can be remanded without producing him before magistrate either physically or through video conference?

 The second question is as to whether remand for custody of the accused can be given without producing before the court below either physically or through video linkages. To answer the question aforesaid, reference of section 167 Cr.P.C. would be relevant. As per the provision aforesaid, an accused is required to be forwarded to the Magistrate for remand if the investigation is not completed within a period of 24 hours given under section 57 Cr.P.C. In that case, police officer making investigation shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary prescribed relating to the case and shall at the same time forward the accused to such Magistrate. Sub-section (2) of section 167 Cr.P.C. provides that if an accused is forwarded to a Magistrate, whether he has or has no jurisdiction to try the case, may authorise detention of the accused for a term not exceeding 15 days in the whole and if such Magistrate has no jurisdiction to try the case or to commit it for trial, he may order to forward the accused to a Magistrate having jurisdiction. As per the provision aforesaid, for remand of the case, accused needs to be forwarded to the Magistrate.
19. The order for remand of custody of the accused is without even forwarding the accused to the Magistrate whether having or not having jurisdiction to try the offence. Thus the orders for remand of the accused petitioner without forwarding him to the Magistrate physically or through video linkages is illegal. The court below should not have passed an order under section 167 Cr.P.C. unless the accused is forwarded to him. Therefore, second question is answered in favour of the petitioner.

N THE HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
DB Civil Writ Petition (Habeas Corpus) Nos. 120 and 121/2016
Decided On: 26.05.2016
 Rahul Pareek
Vs.
 State of Rajasthan and Ors.
Hon'ble Judges/Coram:
M.N. Bhandari and J.K. Ranka, JJ.
Citation: 2017 CRLJ 721 Raj
Read full judgment here: Click here


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