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ANURAG versus STATE OF U.P.

High Court of Judicature at Allahabad

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Anurag v. State Of U.P. - APPLICATION U/s 482 No. 10731 of 2007 [2007] RD-AH 9733 (22 May 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.11

Criminal Misc. Application No. 10731 of 2007

Anurag Vs. State of U.P. and another.

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Hon'ble V.D.Chaturvedi, J.

Through this petition the order dated 3.5.2007 whereby the judicial remand was extended and the order dated 11.5.2007 whereby the petitioner's application was rejected are challenged and are requested to be quashed.

The order dated 3.5.2007 is challenged on the ground that the accused was not present on 3.5.2007 yet the judicial remand was extended  that is too without giving  the reasons.

The Magistrate stated in his order dated 3.5.2007 that the accused came present from jail and that the investigation was yet to be conducted.

The argument of the learned counsel for the petitioner is that the Magistrate was under obligation to  discuss in his order the evidence collected by the I.O.  and the evidence which was to be collected by him. His arguments  have no force, hence rejected.

The reasons for giving judicial remand need not to be give in detail.

It was sufficient reason that the investigation was yet to be conducted.

The order dated 11.5.2007 whereby the petitioner's application to release the accused under section 167 Cr.P.C. was rejected is challenged in this petition on the ground that the Magistrate without considering the legal point dismissed the application.

The petition is partly allowed. The order dated 11.5.2007 is quashed. The Magistrate is directed to pass the orders afresh upon the application dated 11.05.2007.

Dt. 22.5.2007

Sh


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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