Proper perusal of the police diary and ordering remand based on considerations available in the diary are essential for a valid remand order.

Headnote:
Remand Order - Judicial Custody - The court found the remand order to be in fructuous as the accused had already been sent to judicial custody. The court also emphasized the importance of proper perusal of the police diary and ordering remand based on considerations available in the diary.
Fact of the Case:

The petitioner argued that the remand order had outlived its utility as the accused had already been sent to judicial custody.
Finding of the Court:

The court found the petition against the remand order to be in fructuous and dismissed the application.
Issues: The issue was whether the remand order had become in fructuous due to the accused being sent to judicial custody.
Ratio Decidendi: The court emphasized the importance of proper perusal of the police diary and ordering remand based on considerations available in the diary.
Final Decision: The petition against the remand order was dismissed as in fructuous.

JUDGMENT

1. - It is submitted by the learned counsel for the petitioner that the order dated April 7, 1985, has out lived utility in view of the fact that the accused was produced before ACJM on April 11, 1985. The investigating agency did not seek remand for further police custody and he has now been sent to judicial custody. In this view of the matter the petition against the order dated April 7, 1985 has become in fructuous. However, I would like to observe that the learned Addl. Chief Judicial Magistrate before passing the order ought to have perused the diary properly and he should have used the phraseology in consonance with the requirement of police diary and the remand in the police custody should be ordered on considerations which are available on the perusal of the police diary and not on the grounds which are extraneous circumstances not available. However, since the petition has become in fructuous, I must not pass any detailed order.

2. The Application is dismissed as in fructuous.Petition dismissed.

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1985 Supreme(Raj) 429

RAJASTHAN HIGH COURT AT JAIPUR BENCHV.S.Dave, J.Kan Singh Bhati - AppellantVersusState Through SPE, Jaipur (CBI) - RespondentS.B. Cr. Misc. Appln. No. 156 of 1985.Decided On : 15-04-1985

Proper perusal of the police diary and ordering remand based on considerations available in the diary are essential for a valid remand order.

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RAJASTHAN HIGH COURT AT JAIPUR BENCH
V.S.Dave, J.
Kan Singh Bhati - Appellant
Versus
State Through SPE, Jaipur (CBI) - Respondent
S.B. Cr. Misc. Appln. No. 156 of 1985.
Decided On : 15-04-1985