Supreme Court · 2012 INSC 291 · Decided 20 July 2012
Satyajit Ballulbhai Desai & ORS. v. State of Gujarat
- Court
- Supreme Court of India
- Citation
- 2012 INSC 291 · [2013] 5 S.C.R. 1
- Case number
- CRIMINAL APPEAL No. 1158/2012
- Decided
- 20 July 2012
- Bench
- G.S. SINGHVI, GYAN SUDHA MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 406, 420, 467, 468, 471, 504, 506(2), 114; CrPC Section 22(2), 167, 57; Constitution Article 21, 22(2), 57
Headnote
CODE of CRIMINAL PROCEDURE, 1973: A B s. 167 r/w s. 57 - Remand of accused in police custody c - On revival of complaint at the instance of a third party and after accused were enlarged on bail by High Court - Held: Grant of order for police remand should be an exception and not a rule and for to make out a strong case and must satisfy the Magistrate that 0 without police custody it would be impossible for police authorities to undertake further investigation - Order permitting police remand cannot be treated lightly or casually and strict adherence to the statutory provision is
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