The draw round given by the respectable High Court for the police office :
When an application for Remand is made by the police officer or an investigation officer, he has to follow some modus operandi but those are not exclusively mentioned in any law. So the High Court has given the following guidance to be followed in all cases of arrest. Those guidelines are mentioned below:
(1) The police officer who arrested the person must intimate to a nearest family member of the arrestee and in the absence of the relative to a friend to be suggested by the arrestee, as soon as possible but not later than 6 hours of such arrest notifying the time and place of arrest and the place of custody.
(2) The police officer making the arrest of any person shall get ready a message of arrest instantly after the arrest and such officer shall attain the signature of the arrestee with the date and time of arrest, in the said memorandum.
(3) Copies of all the papers including the message of arrest, a copy of the in succession objection relating to the commission of the cognizable offence and a copy of the entries in the diary should be sent to the Magistrate under section 167 of the code.
(4) An entry must be made in the diary as to ground of arrest and name the person who well-informed the police to arrest the person or made the complaint along with his address and shall also disclose the nameds and particulars of the relative or the friend, as the case my be, to whom information is given about the arrest and the demanding of the police officer in whose custody the arrestee is staying.
(5) Listing of a case against the arrested person is Sine Qua-Um for looking for the custody of the arrestee either to police custody or in the Judicial Custody under section 167 (2) of the code.
(6) If the arrested person is taken on police remand, he must be formed before the Magistrate after the ending of the period of such remand amd in no case he shall be sent to judicial custody after the period of such remand without producing him before the Magistrate.
Granting Remand according to Criminal Direction of the Honorable High Court
1.There are bellow affirmed way in case of yielding according to the 24 of High Courts General Rules and Circular Order (Criminal)-Order 24: The Magistrate is to follow cautiously the rule of section 167 of the CrPC and on the essence of Remand or negative response; he will be mentally ready to be aware of the importance of applying exact judicial result.
- The order under the section must be passed in attendance of the accused and if he raises any proteststion against the proposed order then order is to be given after hearing.
- When more detention is seems to be essential then Remand should be approved for possible short time.
3.The prayer to police custody should be examined carefully and generally , recognition of person, recovery of property or to point out or like that same extraordinary cause, when it is considered that the presence of the accused to the police as needed, than endorsement is to be given.
- One accused who fails to give the expected statement of guilt or statement; he is not to be placed against on police Remand inspires of the submitted by the police.
Matters to be careful be from bearing in mind the Remand Petition:
- Moreover the remand petition has been submitted according to proper system.
- Moreover the accused person has been shaped to Magistrate Court.
- Moreover the arrested person has been produced before the Court with case papers and collected evidence.
- Moreover exact realistic and specific ground has been mentioned in the remand petition.
- Moreover the supposed charge is or information against the accused is understandable.
- Moreover any treatment is essential of the accused ?
- Either any treatment is necessary of the accused ?
- Either the accused has been remanded before this ?
- Either any petition filed by the investigation officer for recording confessional statement ?
- Either the accused has denied to make confessional statement ?
- Either Remand is more than 15 days in the concerning case ?
- Either any statement of the accused or the engaged lawyer has ?
- Either on which object or ground the Remand petition filed, those grounds have been mentioned in the Remand petition ?
- Either sufficient evidence gotten by investigation officer that is mentiohed and produced in the Remand formally request and in the Court.
The draw round given by the Honorable High Court connecting to remand for the Magistrate :
There is no exact out line in the CrPC or any other law in observe of granting or rejection the Remand petition . So, according to section 60, 61 and 167 of CrPC and Article 33 of the constitution . The honorable High Court has given a guideline in respect of Remand. The guideline which has been given by the High Court those are following. This guideline has to be compiled with by the Magistrate before considering the Remand petition.
- If the arreated person is taken on police Remand, he must be produced before the Magistrate after the expiry of the period such Remand and in no case he shall be sent to Judicial Custody after the period of such remand without producing him before the Magistrate.
- If the arreated person is produced before a Magistrate with prayer for his derention in any custody, without produced a copy of the information, or complaint relating to the commission of cognizable offence the Magistrate shall release him in according with section 169 of the Code on taking a bond from him.
- If a police officer seeks an arrested person to be shown arrested in a exating case who is already in custody, the Magistrate shall not allow such prayer unless accused arrestee is produced before him with a copy of the entries in the diary relating to such case.
- On the fulfillments of the above conditions if the investigation of the case can not be concluded within 15 days of detention of the accused under section 167 (2), the Magistrate having Jurisdiction to take cognizance of the case or with the prior permission of judge or Tribunal having such power can send such accused person on remand under section 344 of the code for a term not exceeding 15 days at a time.
- The Magistrate shall not make an order of detention of a person in the Judicial Custody if the police form sending report discloses that the arrest has been made for the purppise of putting the arrestee in protective detention.
- It shall be the duty of the Magistrate before whom the accused person is produced, to satisfy that these requirements have been complied with before making any order relating to such arrested under section 167 of the code.