BUDH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) The facts are not in dispute. On 20th January, 1999, on rejection of the application for anticipatory bail, in case FIR No. 43 of 4.5.1999 the appellant surrendered before the Court of the learned Chief Judicial Magistrate and was remanded to judicial custody. Thereafter, while still in judicial custody, by an order dated 23rd December, 1999, the matter was adjourned at the request of the investigating agency to 2nd January, 2000. The appellant was again remanded to judicial custody till 2nd January, 2000. It transpires that on 2.1.2000, on the request of the investigating agency for grant of police remand of the appellant, one day's police remand was granted by the Court and police remand was further extended by one day on 3rd January, 2000. On 4th January, 2000, the investigating officer made yet another application seeking further police remand of the appellant for a period of seven days. The learned Judicial Magistrate , First Class, Ludhiana declined the request of the police for further police remand of the appellant and remanded him to judicial custody till 18th January, 2000.

(3.) Aggrieved by the order dated 4.1.2000, State filed a revision before the learned Sessions Judge, Ludhiana, which was dismissed on 17.1.2000. The State, thereafter, filed a petition under Section 482 Criminal Procedure Code. in the High Court and by the order impugned before us a learned Single Judge of the High Court directed the Judicial Magistrate, First Class Ludhiana to grant police remand of the appellant for a further period of seven days. This appeal, by special leave is directed against that order.