( 1 ) THIS is an application which is directed against the order granting remand dated 23rd November 1983 passed by the learned Sessions Judge Surat in Criminal Revision Application No. 184 of 1983 which revision application was filed against the order passed by the Judicial Magistrate First Class Vyara District Surat in Utchhal Crime Register No. 20 of 1983 rejecting the prayer for remand of the present petitioners who were original accused.

( 2 ) THE facts leading to the present application are that the prosecution has alleged that information regarding the incident was received by Chawk Bazar Police Station Surat on 17th November 1983 at about 8. 10 a. m. that pursuant to the same at about 8. 30 a. m. the accused were arrested that when it transpired that the Chawk Bazar Police Station had no territorial jurisdiction the investigation was transferred to Utchhal Police Station Surat (Rural) that accused No. 1 and deceased Nisarbhai Ali Ahmed were partners that there was a dispute between the two that on 14th November 1983 both the accused persons on a false pretext to collect money took the deceased with them that on 14th November 1983 in the evening the accused and the deceased went to Kadodara and then to Bardoli and that thereafter at about 20. 00 hours to 20. 30 hours the accused persons committed murder of the deceased by giving knife blows. It is further alleged by the prosecution that with an intention to destroy the evidence the accused persons tried to dispose of the dead body by sprinkling petrol on the same and setting the same on fire. The P. S. I. Utchhal Police Station on 18th November 1983 produced both the accused at about 1 p. m. before the Judicial Magistrate First Class Vyara. A report on the same day was filed by the P. S. I. concerned requesting the Court to grant remand for 10 days. By the aforesaid order the Judicial Magistrate First Class Vyara dismissed the said application for remand. The matter was taken to the Sessions Court by virtue of the aforesaid criminal revision application No. 184 of 1983 and ultimately the order granting remand for 4 days was passed by the Sessions Court. Hence the present application.

( 3 ) AT the outset it may be stated that the application is resisted as per the two affidavits made by Shri N. D. Roy Police Sub-Inspector Utchhal Police Station which are on record. An opportunity was furnished to the present petitioners to produce any affidavit against the same if it was thought fit to do so. The learned Advocate for the petitioners has submitted that the petitioners did not propose to file any affidavit against the said affidavits.

( 4 ) IT has firstly been contended by Shri J. M. Panchal the learned advocate for the petitioners that as the accused were taken in judicial custody no order regarding remand can be passed according to law. In support it has been pointed out that the aforesaid P. S. I. is per his report dated 18th November 1983 produced the accused in the Court at Vyara to be taken in judicial custody and therefore no order for remand could be passed thereafter. It is to be noted that at the very time when the said report was made a report for taking the accused on remand was submitted by the same P. S I. before the same Court. If it Was the intention of the Utchhal Police Station to commit the accused in judicial custody as contended then the aforesaid report for remand would not have been made at all. Apart from that as stated above the information regarding the said incident of murder has been alleged to have been received by the Chawk Bazar Police Station on 17th November 1983 in the morning at 8. 10 a. m. The report for taking the accused on remand was made on 18th December 1983 in the first half of the day. It cannot be gain-said that at that time investigation of the matter was not over. The question therefore of handing over the accused in judicial custody as claimed by the petitioners could not have arisen at that stage. I am therefor