Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (6) TMI 1685 - BOMBAY HIGH COURTShort Investigating Machinery - offences punishable under Section 120-B r/w. Section 420, 465, 467, 468 & 471 of the Indian Penal Code - validity of remanding the Petitioner to Judicial Custody - whether the Petitioner's detention or rather continued detention beyond the statutory period by the police machinery is illegal or the Petitioner has not been released from the custody despite the mandate of the law being clear? HELD THAT:- This is a case where the Petitioner was indeed produced before the Court of Special Judge and he was remanded to custody vide order of that Court passed by the Special Judge. The order of the Special Judge records as to how there is a charge-sheet filed and which we have reproduced above. The record indicates as to how the learned Judge indeed took it on record and then remanded the Petitioner to the custody. The order of the Special Judge therefore cannot be scrutinized by us and we are not concerned with this aspect of the matter. The Petitioner is free to adopt appropriate proceedings to question this action of the investigating machinery. The filing of the charge-sheet by the prosecution as claimed and taking that on the record by the Court below thus is being harped upon, to challenge the detention. The ground as raised in the Petition and as elaborated in the Affidavit-in-Rejoinder with the aid of Annexure 'A' thereto is thus impugning the detention pursuant to an action and direction of the Court. However, police machinery has nowhere been accused of violating the constitutional mandate and has not been further accused of detaining the Petitioner in custody contrary to the said mandate. Petition dismissed.
|