KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) FOR reasons delineated hereinafter, the primary and indeed the solitary question that now survives for determination in this reference to the Larger Bench may well be formulated in the following terms: Whether a Magistrate exercising the jurisdiction under Section 167 of the Criminal P. C 1973. performs essentially a judicial function or mererly an executive one?

(2.) THE facts relevant to the aforesaid issue may be recounted with relative brevity:

(3.) PURSUANT to the registration of the case the petitioners were arrested on March 3, 1982 and were produced before the Chief Judicial Magistrate, Faridkot because the investigation was being carried on by the C. I. A. Staff. Faridkot. on March 4. 1982. when further police remand was sought.