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Shree. ( Advocate.)     07 October 2012

Police custody?

Dear all,

              Police had seeking Police Custody of an Accused for a period of 7 days after remanded to judicial custody and subsequently after remand to judicial custody police filed petition for police custody and magistrate after getting objections from the Accused granted one day police custody with the assitance of his counsel.But the Investigation Officer had not allowed the counsel to meet the accused at the time of police custody and surrendered back the accused before the magistrate after the expiry of one day of police custody.

 Further after taking police custody for one day now the Investigation officer had filed revision against the Magistrate Court order to modify the police custody from one day to seven days seeking police custody for further investigation regarding the offences.Further the Investigation Officer had mentioned in the Revision Petition that he had filed second petition seeking permission for police custody but the magistrate had not considered the second petition and it has been unnumbered and till now pending before the magistrate,but no such petition has been presented before the concerned Magistrate after persuing the case records.

Plz clarify

1. Wheather a Criminal Revision filed u/s 397 Cr.P.C for Modifcation of the Lower court order for grant of Police custody for 7 days is permissible?

2.After taking police custody for 1 day whether the I.O can file the present Revision?

3.Already the first 15 days has been expired after remand to judicial custody?

Any case citations regarding these aspects needed immediately?Kindly post your opinion

Rds,

ADV.SHREE



Learning

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