Sunday, 25 September 2016

What is importance of remand report while remanding accused to PCR or MCR?

 The contention raised by the counsel that the remand reports are lacking in material particulars is also without merit. I have gone through the remand reports. Necessary details are available in the remand reports. A remand report is for the purpose of enabling the Magistrate to satisfy himself of the necessity to remand the accused. A particular remand report has significance only for the period during which the accused is remanded, unless the same is relied on for the remand of the accused for subsequent period also. A remand report need not contain all the details which are available in the First Information Statement and the other materials collected during investigation. The remand report need only contain sufficient materials to arrive at the conclusion that detention of the accused is necessary or the continued detention of the accused is necessary. In other words, a remand report is not a substitute for the material papers to be supplied on appearance of the accused. An accused is not entitled to contend that he is entitled to be released on bail on the ground that all the materials collected during the investigation are not reproduced in the remand report.
There is no provision in the Cr.P.C. requiring the Police Officer to submit a "remand report". But under Section 167 Cr.P.C. it is imperative that the Police Officer should send along with the accused a copy of the entries in the Police diary which he is bound to maintain under section 172Cr.P.C. Usually copies of the entries in the Police diary are not separately sent to the Magistrate. A gist of the above entries in the Police diary alone is incorporated by the Police Officer in the remand report or in the remand extension report. The purpose of filing such reports and the purpose of incorporation of the diary entries in such reports is to enable the Magistrate to decide whether he should authorize the detention or further detention of the accused to Police or judicial custody, as the case may be, or to release the accused. Bearing in
mind the purpose and significance of the remand report and the Constitutional rights of the arrestee, the accused has a right to get a certified copy of such remand report."
Kerala High Court
SUNNY JOSEPH,vs STATE on 8 August, 2011
Bail Appl..No. 5786 of 2011()
Read full judgment here:click here

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