STATEREPBY THE INSPECTOR OF POLICE Vs. R VAITHYANANTHAN

JUDGEMENT

(1.) This Criminal Revision Case has been filed to call for the records pertaining to Crl. M.P. No. 712/2013 in Cr. No. 08/ 2013 dated 5-2-2013 pending on the file of the Judicial Magistrate No. II, Karaikkal and set aside the same and consequently allow the petition filed under Section 167(3) of Cr. P.C. to take custody of the accused for five days.

(2.) The FIR came to be registered on 11-1-2013 on the file of the Karaikal Police Station under Sections 147, 148, 302, 307, 324 r/w 149, IPC in Crime No. 8 of 2013 against six unknown persons. On 22-1-2013, Accused Nos. 1 to 3 who are the respondents herein surrendered before the learned Judicial Magistrate, Pabanasam and were remanded to Judicial custody by the said Magistrate. Afterwards they were produced before the jurisdictional Magistrate, namely Judicial Magistrate No. II, Karaikal on 2-2-2013. The petitioner, Inspector of Police filed an application before the said Court with a prayer to hand over the accused for police custody for five days.

(3.) The learned Judicial Magistrate No. II, Karaikal, after hearing, passed an order rejecting the request of the petitioner by observing that within the 1st 15 days, police custody has to be taken and the petition was filed at the verge of 14th day is dismissed as not maintainable.