1967 (6) TMI 43 - HC - Indian Laws

Summary

Issues:
1. Whether the accused can be remanded to police custody for further investigation after the statutory period of remand has expired.
2. Interpretation of the provisions of section 344 of the Criminal Procedure Code regarding the remand of the accused to police custody.
3. Determining the Magistrate's power to remand an accused person to police custody under section 167 of the Criminal Procedure Code.

Analysis:
1. The case involved the accused being initially arrested for an offence under section 364 of the Indian Penal Code and subsequently suspected of involvement in a more serious offence under sections 302/201/34 of the Indian Penal Code. The police sought the accused's remand to police custody for further investigation, which was initially denied by the Magistrate. The Sessions Judge recommended setting aside the Magistrate's order and remanding the accused to police custody for a maximum of 15 days under section 167(2) of the Criminal Procedure Code.

2. The interpretation of section 344 of the Criminal Procedure Code was crucial in determining whether the accused could be remanded to police custody after the expiry of the statutory period of remand. Section 344 allows for the remand of an accused person for a term exceeding 15 days at a time in cases where the investigation cannot be completed within the initial 15-day period. The provision is intended for cases where there are reasonable grounds to believe the accusation is true and investigation is ongoing.

3. The Magistrate's power to remand an accused person to police custody under section 167 of the Criminal Procedure Code was also analyzed. The accused, already in judicial custody for the initial offence, was sought to be remanded to police custody for a different, more serious offence. The court held that the Magistrate could order the accused to be brought to court, formally arrested by the police, and handed over to police custody for a maximum of 15 days under section 167(2) if satisfied that a good case existed for detaining the accused in police custody for further investigation.

In conclusion, the judgment allowed for the accused to be remanded to police custody for further investigation into the more serious offences, emphasizing the need for continued investigation beyond the initial statutory period of remand under the relevant provisions of the Criminal Procedure Code.