The Court dismissed a criminal application challenging a magisterial order granting police custody remand. The Court held that such remand does not constitute a stigma and the matter was academic as the remand period had expired.
The criminal application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION NO.126/2010
Applicant:- Dr. Ashok s/o Gopikisan Taori aged about 46 years, Occu. Medical Officer, R/o Khamgaon, Tq. Khamgaon Distt. Buldhana.
...Versus...
Respondent :- State of Maharashtra through Police Station Officer, Police Station (City) Khamgaon, Tq. Khamgaon, Distt. Buldhana.
--------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
[Shri G.G. Mishra, Adv. for applicant] [Shri A.D. Sonak, APP for respondent]
CORAM:- A.B. CHAUDHARI, J. DATED :- 16.02.2010
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observations made by the Magistrate after perusing the case diary. The Magistrate has referred to the case diary before granting police custody remand and therefore, it cannot be said that the same was without application of mind. That apart, the issue is now purely academic and I do not think that grant of police custody remand can be a stigma viewed from the legal angle. Therefore, on both these counts, submission made by learned Counsel for the applicant is not acceptable. Order made by the Magistrate is on merits and that apart the same has come to an end even before filing of this application in this Court. The impugned order, made by the Judicial Magistrate First Class, Khamgaon was confirmed in revision and in my opinion, rightly. 5. I clarify that this order granting police custody remand cannot be said to be a stigma against the applicant. In the result, I make the following order.
O R D E R
Criminal Application is dismissed.
JUDGE
SSW
2 issues framed by the court
Whether police custody remand causes a stigma on the character of the applicant.
Whether the impugned order granting police custody remand is challengeable even after the period has expired.
Dr. Ashok s/o Gopikisan Taori
State of Maharashtra
A.B. CHAUDHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
