IRFAN AND ORS. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicants have filed this application under Section 439 of the Code of Criminal Procedure, 1973 [for short, 'the Code'] read with Section 167 and 309 of Code of Criminal Procedure, 1973 read with Article 21 of the Constitution of India, with the following main prayers:

(2.) THE facts of the case, as per the applicants, are that the FIR against the applicants came to be lodged on 19.04.2013 and the applicants came to be arrested by the police on the same day. On 20.04.2013 when the applicants - accused were produced before the concerned Magistrate, the police prayed for remand of the applicants. The learned JMFC was pleased to grant remand of the applicants in police custody up to 22.04.2013 under the provisions of the Section 167 of Code. On 22.04.2013 the applicants were once again produced before the concerned Magistrate and on that date the applicants were taken into judicial custody and they were remanded to judicial custody for 14 days i.e. up to 06.05.2013 under the provisions of Section 167 of Code.

(3.) PER contra, learned APP submits that the applicants - accused were produced before the concerned Magistrate trough the facility of video conference, which is legal and valid produced and at belated stage it cannot be disputed.