# 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-163311 - **Pages:** 2 ## 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.‖ 224 The Presiding Officers of the criminal courts should carefully examine and scrutinize warrants and remand papers before putting their signatures on them, so that the chances of bail applications being allowed solely on the ground of technical flaw, are eliminated. C.L. No. 97/VIIb-16 dated 16th August, 1979 The Court has noticed that the Magistrates have authorized detention of the accused persons in jail custody without the accused being produced before them. Under paragraph (b) of proviso to sub-section (2) of Section 167 of Code of Criminal Procedure, 1973 no such detention order can be passed by a Magistrate unless the accused is produced before him. All the Judicial Magistrates should act strictly in accordance with the said provision of law. C.L. No. 51/VIIb-47 dated 17th August, 1984 The court has noticed that when an accused is produced before the court for remand, normally the police papers are not available with the court, either because they are sent late or they are withheld by court-moharrir. In the absence of these papers the bail application cannot be entertained. At times this delay in receipt of papers and presence of accused brought for remand, results in non-consideration of application for bail, and not unoften leads to confrontation between the lawyers and the officers. Attention of all the Presiding Officers is invited towards the provisions of section 167 and 172 of the Code of Criminal Procedure, 1973, and they are directed to see that in future no such violation of the law is permitted. The Presiding Officers should act in accordance with the provisions contained in section 167 of the Code, while remanding the accused in custody brought before them for remand. C.L. No. 114/VIIb-47 Admn.(G) dated 7th October, 1978 The Court has noticed that very often warrants of intermediate custody and release orders sent by the subordinate, courts do not contain all the necessary details. They generally do not contain case number, name of Police Station, father's name, age and residential address of the prisoner. They also do not contain description of offences, crime number and section of Indian penal Code and other Acts and the date of conviction. All the Presiding Officers are directed to clearly fill in all the aforesaid details in the warrants of intermediate custody and release orders issued by them. C.L. No. 54/VIIIa-63 dated 30th April, 1980 As soon as the charge-sheet is filed, the Presiding Officers of criminal courts under your control should invariably draw a red line below the last remand entry in the warrant of custody (Form No. 47, Part VIII, of Appendix ̳B' of the General Rules (Criminal) 1957 and mention the date of submission of charge-sheet below the red line on the left side. C.L. No. 9/VIIb-16 dated 22nd February, 1989 The Court has noticed that warrants for intermediate custody on remand, prescribed as Form No. 47 under Rule 157 of the General Rules (Criminal), 1957 for the subordinate criminal courts, are not being used properly.