STATE OF UTTAR PRADESH Vs. SHOORAJ SINGH

JUDGEMENT

(1.) THE accused persons surrendered in the court on 13.9.1983 and sent to jail. On 16-9-1983 an application was made by investigating agency for police remand. THE Magistrate refused that prayer and the order of the Magistrate was upheld on the revision also. THE State has come forward under Section 482 Cr. P.C. with a prayer that the two orders declining the police remand may be quashed and direction for police remand may be given. I must express my appreciation for the State Counsel having taken all the pains to cite the rulings upto date. He has relied upon the cases of State v. Dharam Pal,1 Natabar Panda v. State of Orissa2 and Bhole v. State of U.P.3 It appears that in this case the head of the deceased was recovered. THE prayer was made by the police stating that there is likelihood of recovery of the trunk of the body as well and some arm at the instance of some accused persons and remand to police custody was sought on such submission. Needless to enter into any details the matter of remand to judicial custody or police custody is a matter purely with in the discretion of the subordinate court. A police custody cannot be claimed as of right. When the subordinate court concerned has declined to remand to police custody and that order has also been upheld by the revisional court this court in exercise of its inherent powers would not interfere, all the more so when the first fifteen days from the date of arrest have already now passed. It is being submitted that for performance of last rites the body is requisite and that should have weighed heavily with the Magistrate to grant the police remand. THEre may, no doubt, be hardship if the body is not recovered but as observed earlier this Court cannot exercise its inherent powers interfering with an order declining police remand, particularly when the first fifteen days period from the date of arrest have already passed. With these observations, the application is dismissed. Application dismissed.