M.Y.KAWOOSA, A.Q.PARRAY, G.D.SHARMA
Mohd. Yousuf – Appellant
Versus
State – Respondent
1. On 5.9.1996, an order came to be passed by District Magistrate, Baramulla, in exercise of the powers vested in him under sub-section (2) of Section 17-A of Criminal Procedure Code namely Distribution of business among subordinate Magistrates of the District. In the said order, the District Magistrate, Baramulla has ordered that remand shall be granted by no other Magistrate except the Senior most Magistrate available at a station with the following further clarification and elucidation: -
i) In respect of Baramulla Tehsil, remand shall be granted by District Magistrate only. AC(R) shall grant remand only If District Magistrate is not available. Non availability of any Magistrate shall be deemed if and only if the Magistrate is on leave/outside headquarter as per their movement register.
ii) At Sopore, remand shall be granted by Sub Divisional Magistrate, Territorial Tehsildars shall grant remand only during non-availability of SDM, if he is on leave/ outside his headquarter.
iii) At Uri, Pattan Gurez, Tangmarg, Sonawari and Bandipora only Territorial Tehsildars shall grant remand. Naib Tehsildars shall grant remands only during period of leave of Tehsildars.
2. It sha
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