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1983 Supreme(All) 304

M.WAHAJUDDIN
STATE OF UTTAR PRADESH – Appellant
Versus
SHOORAJ SINGH – Respondent


Advocates Appeared:
T.RATHORE

M. WAHAJUDDIN, J.

( 1 ) THE accused persons surrendered in the court on 13. 9. 1983 and sent to jail. On 16-9-1983 an application was made by investigating agency for police remand. The Magistrate refused that prayer and the order of the Magistrate was upheld on the revision also. The State has come forward under Section 482 Cr. P. C. with a prayer that the two orders declining the police remand may be quashed and direction for police remand may be given. I must express my appreciation for the State Counsel having taken all the pains to cite the rulings upto date. He has relied upon the cases of State v. Dharam Pal,1 Natabar Panda v. State of Orissa2 and Bhole v. State of U. P. 3 It appears that in this case the head of the deceased was recovered. The prayer was made by the police stating that there is likelihood of recovery of the trunk of the body as well and some arm at the instance of some accused persons and remand to police custody was sought on such submission. Needless to enter into any details the matter of remand to judicial custody or police custody is a matter purely with in the discretion of the subordinate court. A police custody cannot be claimed as of right. When th



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