Supreme Court · 2004 INSC 334 · Decided 5 May 2004

State REP. BY Inspector of Police and ORS. v. N.M.T. Joy Immaculate

Court: Supreme Court of India
Citation: 2004 INSC 334 · [2004] SUPP. 2 S.C.R. 71
Case number: CIVIL APPEAL No. 575/2004
Decided: 5 May 2004
Bench: S. RAJENDRA BABU, AR. LAKSHMANAN, G.P. MATHUR (3-judge bench)
Outcome: Appeal(s) allowed
Case type: Civil
Acts & sections cited: IPC Section 363, 302; CrPC Section 379, 397, 167, 397(2); Evidence Act

Headnote

Code of Criminal Procedure, 1973 : B Section 397(2)-0rder granting police custody-Revision petition C against-Maintainability of-Held : Order being an interlocutory order, revision against the order not maintainable. Revision petition against remand order-Scope of-Held : Is limited to the legality to material placed before D the Magistrate, even if it is assumed to be maintainable-High Court cannot record any findings regarding conduct of the investigation or records on which prosecution places reliance-It cannot scuttle the trial even before it has commenced-Trial court has to weigh

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)