High CourtsFull Bench(2018) 06 P&H CK 0052

Rakesh Kumar vs State Of Punjab And Others

Punjab And Haryana At Chandigarh · Decided on 2 June 2018

HON’BLE JUDGES
Surya Kant, J · Augustine George Masih, J · Avneesh Jhingan, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 2361 Of 2018

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Judgment

4 paragraphs · 171 words

Surya Kant, J

The petitioner is one of the suspects in the cases which have been registered as a fall out of violence which took place on 25.8.2017 in Panchkula city and other parts of States of Punjab and Haryana as a result of arrest of Head of Dera Sacha Sauda, upon his conviction by the CBI Court, Panchkula in a case under Section 376 IPC. The petitioner alleges that he has been repeatedly taken to police remand in different criminal cases and is being subjected to third- degree methods of interrogation.

In our considered view, the question whether the police remand of the petitioner, in a particular case, is justified or not can be effectively determined by the Duty Magistrate/Ilaqa Magistrate. Further, the petitioner can, in accordance with the provisions of Code of Criminal Procedure, seek an appropriate direction against the alleged third-degree methods of interrogation and resist the police remand whenever sought by the police in accordance with law.

With the aforesaid liberty, the present petition stands disposed of.