MANJAR Vs. STATE OF U P

JUDGEMENT

(1.) BY this revision under Section 397/401 of the Code of Criminal Procedure, 1973 (for short the Code) order dated 2-5-1987 passed by Sessions Judge Meerut is sought to be quashed.

(2.) FACTS leading to the present revision are that the applicant was arrested by the police of the Police Station Delhi Gate Meerut in Crime No. 190 of 1987 under Sections 147/148/326/302/307 and 427 IPC and was produced for remand before the Judicial Magistrate Sri N. A. Zaidi, on 29-4-1987 who after perusal of case diary and other papers neither granted remand nor refused the same rather directed the accused to be produced before the appropriate court on 30-4-1987. When the applicant was produced on 30-4-87 before the Magistrate concerned and prayer was made on behalf of the prosecution for remand, by making a reference to the order dated 29-4-87 the applicant was ordered to be released. Thereafter prayer was made by the police that the applicant be kept ' Baparda '. On 2-5-87 the applicant was produced for remand but the same was refused by Additional Chief Judicial Magistrate on the ground that it has already been refused by Judicial Magistrate having similar jurisdiction. Against that order revision was filed which was still pending but as an interim order Sessions Judge Meerut granted remand to the applicant for a fortnight. It is against this order that the present revision has been filed.

(3.) HAVING heard learned counsel for the parties, there are 2 points for consideration. First is whether under the provisions of Section 167 the order of Magistrate refusing remand were justified particularly when the case diary and other materials were also produced before them. Second point is as to what is ambit of scrutiny by Magistrate under Section 167 for passing an order of remand.