Remand of the accused
Adv M.D.Azhar
(Querist) 23 September 2014
This query is : Resolved
sir, I need to know that, On the basis of the plea that, co-accused to be arrested. only on that ground remand application can be granted? Accused arrested without giving notice of his arrest, He was caught with theft vehicle, No Name in F.I.R. Police has arrested him. 24 four hours in police custody yet he needs custody, weather is a legal and valid ground for the remand? S.C. court in no. Cases held that application can not be granted in automatically and mechanical manner. Explain Sir along with the judgments.
adv. rajeev ( rajoo )
(Expert) 23 September 2014
If there is no name in the FIR it amounts to illegal detention.
Rajendra K Goyal
(Expert) 23 September 2014
Remand depends upon the facts, type of crime and necessity for investigation put before the court. Your lawyer can argue against on application for remand.
Advocate. Arunagiri
(Expert) 23 September 2014
The investigation officer can add any person as accused after registering FIR. If he finds necessary he is having the power to arrest the accused whose name is not in FIR.
T. Kalaiselvan, Advocate
(Expert) 30 September 2014
Well advised by experts above, the police can register a FIR without the name of the accused and can include after that also.