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TMI Blog2015 (8) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... irrespective of fact whether that Magistrate has jurisdiction to try offence or not – Keeping in mind that Judicial remand was only safeguard against frivolour arrests and illegal detention Judicial Magistrates should undertake this responsibility of receiving remand papers and accused, whenever they were presented – therefore Magistrate ought not to have refused to remand accused to custody –If Magistrate was of opinion that trial will be before Magistrate, Alandur, then it was open for him to direct Jail Authorities to cause production of accused on expiry of 15 day period before Judicial Magistrate, Alandur – Magistrate directed to adhere to law laid down – Petition closed. - Crl. OP. No. 19208 of 2015 - - - Dated:- 29-7-2015 - P. N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .7.2015 at my residence, Judicial Officers Quarters, Egmore, Chennai-8. No complaint of ill-treatment by the Complainant. Special Public Prosecutor Mr.N.Suresh Kumar present. He represented that this court is having jurisdiction to remand the accused. The offence is alleged to have been committed in the Chennai International Airport, Meenambakkam. However, the Spl.P.P. admitted that after filing of complaints case records are to be transferred to the Judicial Magistrate Court, Alandur for Trial. When the said court is having jurisdiction to conduct Trial and the said court having jurisdiction over the area where the occurrence took place, I am of the view that the said court alone is competent to remand the accused. Hence, the complainant i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence or not. For better enforcement of this statutory requirement, S. (2-A) has been added to S. 167 providing for production of the accused before the nearest Executive Magistrate, where a Judicial Magistrate is not available. While so, keeping in mind that a Judicial remand is the only safeguard against frivolour arrests, illegal detention, resort to third degree methods and custodial violence, the Judicial Magistrates should undertake this responsibility of receiving remand papers and the accused, whenever they are presented to him. In the case of a regular police arrest, along with the remand report, there should be an F.I.R. and if the case is registered only on the arrest and recovery a seizure mahazar, while in the case of arrest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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