In order to avoid any manipulation or fabrication of documents, while seeking remand (custody) of an accused by the police officers, and granting the same by the Judicial Magistrates, the Punjab and Haryana High Court has issued instructions to the magistrates to sign the case diaries at the time of granting the remand.
Slamming the police officers of Punjab, Haryana and Chandigarh for not following the requisite procedures, Justice Alok Singh, issued the directions to the Directors General of Police of Punjab and Haryana, Inspector General of Police, Chandigarh, and judicial magistrates, while hearing a regular bail application of a Gurgaon resident, who is an accused in a kidnapping case.
Justice Singh, while passing the directions, said, "...almost in every case, the case diary is not being maintained properly as per Section 172 Criminal Procedure Code...the magistrate is not signing the case diary while passing the order of remand as per Rule 10".
"It is clear that at the time of seeking remand the police officer shall forward accused and the copies of the entries to the Magistrate who shall sign the case diary at the time of granting remand. Investigating Officer shall record his proceedings day-by-day as per Rule 13 and Section 172 of the Code. Case diary shall be in volume and paginated and should be forwarded to the Superintendent of Police daily," the order reads.
The case, during which the instructions were issued, pertains to kidnapping of a girl in Gurgaon on November 21, 2010.
credits;http://www.indianexpress.com/news/read-case-diary-before-granting-remand-hc-to-magistrates/839433
No comments:
Post a Comment