AI Overview...
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Duty of Magistrate in Remand Proceedings - Magistrates have an elementary duty to perform before granting remand, including verifying the necessity and legality of remand applications. Failure to perform these duties can be considered a dereliction of duty. Magistrates should ensure proper procedures are followed before remanding a case STATE OF GUJARAT VS Dineshbhai Mehta - Gujarat, SIYARAM GOPICHAND GUPTA VS STATE - Gujarat, PRADIPTA KUMAR SAHANI ` BULU VS IGNACE MAJHI - Orissa.
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Limitations on Remand - Remand cannot be extended arbitrarily or at late stages without sufficient grounds. Magistrates must be satisfied with adequate reasons to extend remand beyond 15 days, and routine extensions are not permissible. The Magistrate's role includes assessing whether there are sufficient grounds for remand extension 00500004593.
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Procedural Responsibilities - Magistrates are responsible for ensuring the accused's presence, proper investigation, and compliance with legal procedures, including the production of evidence and maintaining records like inspection books. They must also consider the case on merits once charges are framed STATE OF UTTAR PRADESH VS BALWANT SINGH BIRDHI - Allahabad, State of Gujarat VS Kirit Maganbhai Patel - Crimes.
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Remand During Lockdowns and Holidays - During periods like lockdowns, Magistrates and District Judges have a duty to assign and perform remand functions diligently, despite court closures, to protect personal liberty and prevent neglect of judicial duties Abhishek Srivastava VS State of U. P. - Allahabad.
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Additional Judicial Responsibilities - Magistrates are expected to perform their duties lawfully, including assessing prima facie cases, activating investigations, and ensuring proper procedure before granting remand or proceeding with trials. Non-performance or neglect can lead to judicial review or remand to proper courts PRADIPTA KUMAR SAHANI ` BULU VS IGNACE MAJHI - Orissa, Prakash Roadlines Private LTD. VS Union Of India - Supreme Court.
Analysis and Conclusion:
The core duty of a Magistrate regarding remand involves careful, lawful, and timely decision-making, ensuring procedural correctness, and safeguarding individual rights. Magistrates must verify the necessity for remand, avoid routine extensions without proper grounds, and perform their duties diligently during all circumstances, including holidays and emergencies. Failure to uphold these responsibilities constitutes a breach of judicial duty and can have legal repercussions.
Search Results for "Duty of Magistrate Times for Remand"
1993 0 Supreme(Guj) 409 • India - Gujarat
K.J.VAIDYA
and the complainants to remand the cases. ... duty to be performed by any learned Magistrate before dawning the complainant. ... ... Ordinarily, this Court is little reluctant to remand the cases, ... and the complainants to remand the cases. ... Now quite surprisingly, neither of these two appears to have been done by the learned Magistrate, which was otherwise an elementary duty to be performed by any learned Magistrate before dawning the complain....
• India - Crimes
R.J.SHAH
It goes without saying that no such compulsion could be practised even when a person is on remand. ... Shethna that remand at this late stage cannot be asked for even for discover of any muddamal articles. ... The aforesaid, therefore, will not be a ground on which the application for fresh remand can be turned down. ... passed by the Chief Judicial Magistrate, Junagadh. ... the Investigating Officer will be entitled to present a fresh application for remand in those circumstances and the learned Chief ....
• India - Crimes
M.N.VENKATACHALIAH, RANGANATH MISRA
There are in numerable jails, sub-jails, remand-homes, custodial-institutions etc. ... The District Judge, Chief Judicial Magistrate or the Judicial Magistrate, as the case may be, will submit report to this court within 10 weeks from today..." ........................ ....................…. ... We would, therefore, direct the District Judges in the country to nominate the Chief Judicial Magistrate or any other Judicial Magistrate to visit the District Jail and sub-jail in his district for the purpose o....
1989 0 Supreme(Guj) 158 • India - Gujarat
R.J.SHAH
It goes without saying that no such compulsion could be practised even when a person is on remand. ... Shethna that remand at this late stage cannot be asked for even for discover of any muddamal articles. ... The aforesaid, therefore, will not be a ground on which the application for fresh remand can be turned down. ... passed by the Chief Judicial Magistrate Junagadh. ... M. on 16-2-1989 in the Court of the Chief Judicial Magistrate Junagadh ai the accused stall remain present accordingly and the Inve....
2002 0 Supreme(AP) 283 • India - Andhra Pradesh
BILAL NAZKI
adequate grounds exist extension of remand is warranted and not otherwise - Proviso thus casts upon Magistrate an onerous duty as ... of accused person beyond 15 days is not a matter of course or a routine exercise and it is only where Magistrate is satisfied that ... - Magistrates are not empowered to extend remands in routine as has been done in present case - They are supposed to apply their ... Proviso (a) thus casts upon the Magistrate an onerous duty#H....
1965 0 Supreme(All) 153 • India - Allahabad
M.H.BEG
The magistrate acquitted the manager, and the State appealed. ... The duty to produce in response to the demand does not include or cast any further duty on the manager to keep or carry the inspection ... Issues: Whether the manager was required to keep or carry the inspection book with him at all times. ... The duty to produce in response to the demand does not include or cast any further duty on the manager to keep or carry the inspection book wit....
1989 0 Supreme(SC) 371 • India - Supreme Court
G.L.OZA, K.N.SAIKIA
were seized within Union Territory as it was alleged that they were brought in without payment of terminal tax - A penalty of ten times ... with penalty is not paid within four days the goods will be sold at his risk - By a writ petition the appellant challenged this demand ... the territory - There was also some controversy raised before High Court in respect of the facts as to whether cylinders on which duty ... and the punishment could only be inflicted by the competent Magistrate on conviction of the person for the o....
2020 0 Supreme(All) 814 • India - Allahabad
ATTAU RAHMAN MASOODI
The District Judges were under a bounden duty to assign the remand duty to the courts of magistrate/Session Judge during the lock-down period and irrespective of the fact that the courts were closed, the remand matters were bound to be taken up and wherever the indefeasible right of personal liberty ... This Court is constrained to observe that non performance of duty owing to holidays is firstly a serious dereliction of duty on the part of the Session Judges/#HL_STAR....
2000 0 Supreme(Ori) 582 • India - Orissa
P.K.TRIPATHY
Ratio Decidendi: The court emphasized that the duty of the Magistrate is to find if a prima facie case is made out from the ... The accused persons argued for remand of the case without considering additional materials. ... The court had a chequered career and the accused persons challenged the order of cognizance multiple times. ... Once that duty is performed by the Magistrate lawfully and dutifully, it is not open to the Superior Court like the Court of Sessions and the High Court ....
• India - Crimes
K.L.VAIDYA
The learned Magistrate ought to have realized that once the charge was framed the case was required to be decided on merits and the ... In fact, if the process is not served on witnesses, both the learned Magistrate and P.P. should activate themselves and with the ... "Not only the learned Magistrate, but even the learned P.Ps. incharge of the cases arc bound to know that once the charge is framed ... In this view of the matter, there is no alternative left for this Court but to remand the matter to the trial Court to di....
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