SHRILAL NANDRAM Vs. R R AGRAWAL

JUDGEMENT

(1.) This is an application under Section 491 of the Criminal Procedure Code for the issue of a direction in the nature of habeas corpus.

(2.) The facts in short as stated by the counsel of the parties are that the petitioners were arrested by the Dabra Police on 7th June 1957 in connection with a murder. On 8th June the Police obtained a remand till the 14th June, The police again obtained a remand till the 19th June 1959 on the ground that the investigation was not complete and that some recoveries were still to be made. On the 19th June, the Police requested the Court to take the applicants in judicial custody and grant time for submitting the Challan. The Court took the applicants in its custdoy and it is contended by Mr. A. B. Mishra (though the order of the Court is not produced before us) that this custody is illegal custody and that the accused must be released.

(3.) It is submitted by the learned counsel for the applicants that before the submission of a report by the Police under Section 173, the learned Magistrate had n0 jurisdiction to remand the applicant to judicial custody under Section 344 Criminal Procedure Code. After giving the matter my careful consideration, I am of the opinion, that there is some confusion in the approach to the question canvassed before us. I fail to understand the relevancy of Section 173 Cr. P. Code at the time of the granting of the remand. There are two sections in the Criminal Procedure Code which empower the Magistrate to grant time to the Police in connection with the investigation of a case.