Judgment :

ALTAMAS KABIR, J.

1. Leave granted.

2. These Appeals arise out of the judgment and order passed by the Punjab & Haryana High Court on 19th March, 2010, in Crl.M. Nos.28847 and 28849 of 2008, allowing the application filed by the Station House Officer, Hodal Police Station, praying for police remand of the accused, Devender Kumar, for three days.

3. It appears that when the Appellant No.1, Devender Kumar, was produced before the Judicial Magistrate, Palwal on 8th October, 2008, in connection with case FIR No.333 dated 18th September, 2008, registered at Hodal Police Station, District Faridabad under Sections 498-A, 406, 506, 323 read with Section 34 IPC, an application was made for police remand by an officer of the rank of Assistant Sub-Inspector, which was rejected vide an order dated 8.10.2008, as the said application was contrary to the provisions of Section 167(1) Cr.P.C. which provide that an application for police remand can be made only by an officer not below the rank of Sub-Inspector. Accordingly, the Appellant No.1 was remanded to judicial custody and was directed to be produced on 22nd October, 2008. Subsequently, however, the position was rectified and as ind