MOHAMMAD JAHANGEER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) ORDER :-

(2.) THIS revision case purported to have been filed under Section 397 read with Section 401, Cr. P.C. challenges the order dated 5-2-2000 passed by the Sub- Divisional Magistrate, Bhadrachalam in Cri.M.P.No. 10/2000 in Crime No. 2/2000 of P. S. Chinthoor. It is however pointed out by the learned Public Prosecutor that as the matter arises from agency area, it is the Criminal Procedure Code, 1898 that is applicable and not the new Criminal Procedure Code of 1973. The learned counsel for the petitioner requests this Court to treat this case as a revision under Section 435 of Cr. P.C. 1898 or in the alternative as a petition under Section 561-A of Cr. P.C. 1898 for invoking the inherent powers of this Court for challenging the order of the Sub-Divisional Magistrate. It appears that the petitioner was involved in an offence punishable under Section 376(G), I.P.C. and Section 3(1)(xii) of S.Cs. and S.Ts. (PA) Act in Crime No. 2/2000 on the file of P. S. Chinthoor, Khammam District. It also appears that having come to know of the registration of F.I.R. against the petitioner, he has surrendered before the Chief Judicial Magistrate, Khammam on 31-1-2000, who directed him to be remanded to the judicial custody. The petitioner was accordingly lodged in judicial custody in Sub Jail Khammam. Thereafter, on 4-2-2000 the Assistant Superintendent of Police, Bhadrachalam moved an application before the Sub Divisional Magistrate, Bhadrachalam under Section 167(3) of Cr. P.C. seeking police remand in respect of the petitioner. The learned Sub-Divisional Magistrate accordingly granted police remand for three days commencing from 10.30 a.m. on 9-2-2000. The learned Magistrate also directed some safe guards against using of third degree methods on the petitioner. The learned counsel for the petitioner contends that neither the application filed by the Assistant Superintendent of Police contains any reasons or any purpose for which police remand is sought, nor the order passed by the learned Magistrate records any reasons to justify the grant of police remand in respect of the petitioner. The learned Public Prosecutor however contends that there is no need for giving any specific reasons for granting of police remand and if the facts and circumstances justify, the Magistrate has powers to grant police remand in respect of an accused. To appreciate the rival contentions, it will be convenient to extract the provisions of Section 167(3) of Cr. P.C. 1973 as under :-