# without showing any reluctance in this regard

- **Citation:** C.L. No. 58/VIIb-16
- **Court:** Allahabad High Court
- **Decided:** 1974-04-17
- **Case number:** C.L. No. 58/VIIb-16
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/without-showing-any-reluctance-in-this-regard-163309
- **Pages:** 1

## Text

223
CHAPTER - XI
CRIMINAL CASES

1.
REMAND
C.L. No. 58/VIIb-16 dated 17th April, 1974
In order to avoid harassment to persons arrested by the Police to be produced
before a Judicial Magistrate, a time schedule should be fixed by the Judicial Magistrate
with Superintendent of Police so that persons detained shall be produced within that
schedule and if any Police Officer does not adhere to the time schedule without a
reasonable cause, action should be taken against him. The duty of Magistrates extends
even beyond the office hours and they should be available for purposes of remand
without showing any reluctance in this regard.
 C.L. No. 102/VIIb-47 dated 5th August, 1975
District Judges should impress upon all the Judicial Magistrates detained on duty
for granting bails and remands and for the disposal of other urgent matters during
holidays or on Sundays to do this work in court at a fixed time duly notified and
intimated to all concerned, including the Public Prosecutors.
C.L. No. 123/VIIh-16 dated 25th September, 1975

The Court has noticed that generally the Judicial Magistrates do not take proper
care in issuing warrants, while remanding a person to jail custody, with the result that
sometimes persons are ordered to be released because of defective warrants, which either
do not bear the seal of the court or are not on proper form or do not even contain full
particulars. With a view to avoid such occasions, it is necessary that the Judicial
magistrates should take proper care in issuing warrants while remanding a person to jail
custody. It is also impressed upon them that all provisions of law in this respect should
also be observed strictly.
C.L. No. 14/III-a-63(F) dated 19th January, 1978

It invites attention to the following observations made by Hon'ble Mr. Justice
J.M.L. Sinha in his order (extract enclosed) in Criminal Miscellaneous Bail Application
No. 6239 of 1977: Syed Ahmad Vs. State District Muzaffarnagar:
―Before, however, taking leave of this case, I would like to observe that the courts
are expected to be more vigilant while signing the remand papers. It is true that
normally it is the court moharrir who puts up remand orders for the signatures of
the court concerned and it is the duty of the court moharrir to make proper entries
in the warrant before putting up the same for signatures. It is, however, as much
the duty of the Presiding officer of the courts to look into the papers before
affixing their signatures thereon. They cannot be expected to sign the papers
without satisfying themselves whether they meet the requirement of law or not. If
this was done in the instant case, the accused applicant, who stands charged with
the offence of murder and whose application for bail has been twice rejected,
could not be granted bail.‖