RAJA RAM CHOPRA Vs. STATE

JUDGEMENT

(1.) The applicant is charged under Sections 381, 411, 415 and 109, Penal Code. He was placed before Shri Kanhaiya Lal, Judicial Magistrate, who on 7-7-1950, granted a remand to the police for 14 days and sent the applicant to jail. On 11-7-1950, an application made by the applicant for bail was rejected and on the next day the police presented an application to the Judicial Magistrate concerned praying that the applicant be remanded to police custody for seven days for the purpose of pointing out stolen property and for interrogation. The learned Magistrate concerned sent for the two accused and heard them. They stated that they had nothing to point out. As a result the learned Magistrate rejected the application since their presence outside the jail did not appear to be necessary and he was of opinion that such interrogation as the police desired to make could be made in jail.

(2.) On the same day, the police moved the Additional District Magistrate of Lucknow on the same grounds for remanding the accused to police custody. The learned Additional District Magistrate accepted the prayer without calling upon the accused to appear and directed the Judicial Magistrate concerned to pass necessary orders in compliance with his directions.

(3.) It does not appear either from the application of the police to the Additional District Magistrate or from the order of the said Magistrate under what section of the Code of Criminal Procedure this action was taken.