AI Overview...
- Production of Accused - Main points and insights:
- Physical production of the accused before a magistrate is generally necessary for remand purposes; police cannot avoid producing the accused while requesting remand (00800006499).
- Production is essential for consideration of custody and remand requests; a mere investigation completion does not suffice for release or legal production (01800015407).
- The police can request the production of the accused for remand, and magistrates have the authority to issue remand orders after examining the necessity (00400033883, 00400011213).
- Production requests can involve summons or warrants, and the accused's presence is often required for legal proceedings, including scientific tests or verification of documents (IND_HC_KLHC010209512011, 00100040554).
- The accused may refuse or challenge production requests, especially if procedural irregularities occur, such as failure to produce the accused or improper requests (01700050642, 02100058229).
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Courts emphasize that production is crucial for remand decisions and cannot be substituted solely by investigation records or reports (01800015407, 02100122822).
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Analysis and Conclusion:
- The legal framework underscores the importance of physically producing the accused before a magistrate for remand and related proceedings, as mandated by the Criminal Procedure Code and relevant judicial precedents.
- Police requests for production are generally justified for custody, remand, or investigation purposes, but must adhere to procedural requirements.
- Courts maintain that production is a fundamental safeguard in criminal procedure, ensuring the accused's rights and enabling judicial oversight of police custody and investigation processes.
- Irregularities or failure in production procedures can render remand or subsequent proceedings illegal, emphasizing the need for strict compliance with statutory provisions.
References: - Ramesh Kumar Ravi Alias Ram Prasad And Etc. VS State Of Bihar - Patna, SUSAN ABRAHAM VS STATE OF MAHARAHTRA - Bombay, Sharad Chandra @ Sarat Chandra VS State of Rajasthan - Rajasthan, State of Himachal Pradesh VS Jagar Nath - Himachal Pradesh, State of Maharashtra through Police Station VS Yadav s/o Natthuji Kohachade - Bombay, Public Prosecutor VS Atluri Raghuramiah - Madras, Romaiah VS A. W. P. S. , Chintadiripet, Chennai - Madras, ANWAR Vs STATE OF KERALA - Kerala, State Of W. B. VS Dinesh Dalmia - Supreme Court, STATE OF H. P. VS JASPAL SINGH - Himachal Pradesh
Search Results for "Production of Gd and Cd by Police at Request of Accused"
1987 0 Supreme(Pat) 119 • India - Patna
S.S.SANDHAWALIA, R.N.PRASAD, M.P.VARMA
from the police for a remand is not necessary - Remand postulates physical production of the accused before magistrate - A police ... cannot with-old production of accused and at the same time make a request to the magistrate for remand - Physical production at ... India, Art 22 (2), Code of Criminal Procedure SECS 167 (2) & 309 - An order of remand can be passed by the magistrate suo motu - A request ... It is held that though phys....
2010 0 Supreme(Bom) 96 • India - Bombay
J.H.BHATIA, F.I.REBELLO
of accused before Magistrate for proceeding on request of police for custody in case he is not already arrested As per records, ... to issue warrant under Section 267 of Cr PC Further production warrant cannot be issued for purpose of remanding accused to police ... After production before Magistrate, he has to consider whether custody be or not be granted to police, which naturally requires application ... consider the request of t....
2015 0 Supreme(Raj) 1135 • India - Rajasthan
SANDEEP MEHTA
Criminal Procedure Code, 1973 Section 91 Sessions Judge rejected the request for summons of production of Rojnamcha entires which ... are maintained by the police – Accused got the certified copies of rojnamcha documents through RTI which are allowed to be exhibited ... documents to be summoned – Accused did not make any request regarding the summoning of the documents when the victim and her father ... As such, the accused petitioner cannot insist for produ....
2012 0 Supreme(HP) 369 • India - Himachal Pradesh
KULDIP SINGH
Ratio Decidendi: The court held that the mere completion of investigation is not a sufficient ground for releasing an accused ... The Magistrate erred in taking the view that since respondent has not been produced personally by the Officer Incharge of the Police Station and the request has not been made by the Officer Incharge of the Police Station in person, therefore, the production of accused and request for remand are illegal ... It does not emerge from Section 1....
1999 0 Supreme(Bom) 496 • India - Bombay
J.N.PATEL
The accused was initially granted police custody remand for seven days, followed by a further seven days. ... produce the accused before him for the purpose of considering the request of the Investigating Officer to order his detention in ... CRIMINAL PROCEDURE CODE - SECTIONS 267, 167, 57, 56, 41(1) - INTERPRETATION AND APPLICATION - ARREST, REMAND, PRODUCTION OF ACCUSED ... Therefore, it cannot be said that the Magistrate was not competent to issue such a warrant of product....
1999 0 Supreme(Mad) 2132 • India - Madras
CHANDRA REDDI
Sometime after the order was passed by me deleting the clause in question, the Public Prosecutor wanted directions in regard to the production of the said accused before the Commissioner of Police, Madras. ... At the same time, the accused expressed his willingness to appear before the Deputy Superintendent of Police, Bezwada, whenever called upon to do so to facilitate the investigation into the crime. ... In the premises, the accused cannot be compelled to appear before the Commissio....
• India - Madras
R.REGUPATHI
... At the time of production of the accused before the Magistrates ... of police. ... automatic one on the mere request of the investigating officer and sufficient grounds must exist for the Magistrate to exercise the ... At the time of production of the accused before the Magistrates, they should examine the necessity and even at the time of initial remand, if it appears that remand is not necessary, bail application can be entertained provided the accused ....
2011 Supreme(Online)(KER) 11496 • India - High Court of Kerala
N.K.BALAKRISHNAN, J
Fact of the Case: The accused challenged an order regarding the production of a Registration and Verification Certificate ... The request in the petition filed by the accused was to issue summons to cause production of the Registration and Verification Certificate of the weighing instruments available in the police station. ... The learned counsel for the petitioner/accused submits that the learned trial judge does not say that the application should be refused on t....
2007 4 Supreme 136 • India - Supreme Court
A.K.MATHUR, TARUN CHATTERJEE
The Calcutta Court directed the production of the accused-respondent and a request was made before the Additional Chief Metropolitan ... The CBI sought the police remand of accused for some scientific test and the accused was sent for the test and after that the accused ... Then an order dated 11th March, 2006 was passed for handing over of the accused to the Calcutta Police for being produced before ... Thereafter on 11.3.2006 on....
2000 0 Supreme(HP) 23 • India - Himachal Pradesh
M.R.VERMA
in witness statements, lack of corroboration, and delay in reporting the occurrence to the police. ... Final Decision: The appeal was dismissed, and the accused was acquitted. ... Issues: Contradictions in witness statements, lack of corroboration, and delay in reporting the occurrence to the police. ... On production by accused one stick was taken in possession by the police vide memo Ext.PW-15/A. ... On the request of Superintendent of Police, S....
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