Back
2025 Supreme(Online)(Mad) 43166
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, A.D.MARIA CLETE, JJ
C.Ajay – Appellant
Versus
1.The Registrar General, The Hon'ble Madras High Court, High Court Buildings, Chennai. – Respondent
W.P(MD)No.18533 of 2025
For the Appellants/Petitioners: Mr.Raja.Karthikeyan
For the Respondents: Mr.N.Tamilmani, Mr.P.Thilak Kumar, Mr.M.Ajmal Khan, Mr.T.Senthil Kumar
Judicial Magistrates must apply existing laws on remand without additional guidelines from higher courts.
Headnote:This case addresses the application for a Writ of Mandamus under Article 226 of the Constitution of India to compel respondents to establish pre-conditions for remand orders under Section 187 of the Bharatiya Nagarik Suraksha Sanhita. The court found that existing rules were adequate and the matter was not maintainable. The relevant issues pertained to judicial procedures established by the Supreme Court in regard to remand practices. The petition was ultimately dismissed as not maintainable.
| Table of Content |
|---|
| 1. writ petition requests statutory remand pre-conditions. (Para 1) |
| 2. existing rules govern remand; no interference is warranted. (Para 2 , 3) |
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The writ of Mandamus has been instituted to direct the respondents to frame statutory pre-conditions for order of remand under Section 187 of the Bharatiya Nagarik Suraksha Sanhita , 2023 to be followed by the Judicial Magistrates, under Article 227 of the Constitution of India.
2.Rules are already in force. They have been framed and published in the official Gazette under the Criminal Procedure Code , 1973, particularly under Section 167 , which is pari materia to Section 187 of the Bharatiya Nagarik Suraksha Sanhita , 2023. Furthermore, Rule 6 of the Criminal Rules of Practice specifically deals with duties of Magistrates while remanding an accused. Since the provisions of the , 1973/the , 2023 are already in force and sufficiently dealing with the provisions regarding remand, the present Writ Petition is not entertainable.
3.That apart, the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar and another reported in(2014) 8 SCC 273, has laid down the procedures and legal principles applicable in such matters. The legal position settled by the Supreme Court is a law which is to be followed under Article 141 of the Constitution of India. Moreover, the Judicial Magistrates are expected to apply their judicial mind while making decisions and there cannot be any intervention by the High Court in exercise of powers conferred under Article 227 of the Constitution of India. The process of remand is a judicial exercise to be undertaken in accordance with law and therefore, issuing any further guidelines or suggestions would undoubtedly result in interfering with judicial powers conferred under law. Therefore, we are not inclined to entertain the present Writ Petition.
