Act of the learned JMFC remanding the accused to custody is a judicial act which cannot be termed as part of the investigation
Addressing to the issue of remand, the High Court opined that the order of remand of the accused to custody could not be said to be a part of the investigation and hence, the said order was not in conflict with the order passed under Section 482 of the Code of Criminal Procedure in Criminal MiscellaneousApplication No. 10303 of 2012. Reference was made to Section 2(h) of the Code which defines ‘investigation’ and it was ruled that the order passed by the learned Magistrate could not be termed as a part of the investigation. Eventually, the High Court opined that it could not be held that when the order was passed by the learned JMFC, there was no investigation and, therefore, there was no force in the argument that the learned JMFC could not have remanded the accused in such a situation in exercise of powers under Section 167 of the Code, and secondly, the act of the learned JMFC remanding the accused to custody is a judicial act which cannot be termed as part of the investigation and cannot be considered to have been covered under the stay granted by the High Court in CRMA No. 10303 of 2012.
Supreme Court of India
Manubhai Ratilal Patel ... vs State Of Gujarat & Ors. on 2
