Madras HC issues directions to deal with surrender petitions

The judge said the discussion made here relates to matters arising out of offences under the Indian Penal Code. Though obvious, it was clarified that this Court has not expressed any opinion on the legal position arising in this case vis-a-vis economic offences under Special Acts like Customs Act, 1962, FEMA, 1999, the judge added.

The court said the above directions shall be followed scrupulously by all Magistrates Tamil Nadu and Puducherry. (file)

The Madras High Court on Friday held that surrender petitions filed by accused who have voluntarily surrendered before a Magistrate having no jurisdiction to try the case, were not maintainable.

Justice N Anand Venkatesh, who gave the ruling, further said no order of remand can be passed by the Magistrate under section 167 (2) Cr.P.C (on detention) on such petitions, in the light of the decisions of the Supreme Court.

In the context of cases concerning offences under the Indian Penal Code, a person accused of an offence who has not been forwarded under Section 167(1) Cr.P.C, and who voluntarily appears and files a surrender petition before the Magistrate cannot be dealt with under Section 167(2) Cr.P.C.

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Consequently, the period for the purpose of the proviso to Section 167(2), the period of 15 days police custody or 60/90 days custody will commence only from the date on which he comes into the custody of the Court, upon being forwarded by the police under Section 167(1) Cr.P.C, the judge added.

The judge gave the directions while disposing of a petition filed by the Tamil Nadu government, challenging an order of the Judicial Magistrate, Sathyamangalam, accepting the surrender of four accused and remanding them to judicial custody under Section 167(2) Cr.P.C in connection with a murder.

The judge said in the event an accused voluntarily appears before the Magistrate having no jurisdiction to try the case, it would be open to the Magistrate to direct the Station House Officer of the nearest police station under his jurisdiction to take the accused into custody and deal with him in accordance with the procedure set out in Clauses (3) to (5) of Police Standing Order.

The judge said the discussion made here relates to matters arising out of offences under the Indian Penal Code. Though obvious, it was clarified that this Court has not expressed any opinion on the legal position arising in this case vis-a-vis economic offences under Special Acts like Customs Act, 1962, FEMA, 1999, the judge added.

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The court said the above directions shall be followed scrupulously by all Magistrates Tamil Nadu and Puducherry.

The Registrar General was directed to place the order before the Chief Justice, and upon approval circulate a copy of the same to all Principal District Judges/Chief Judge, Puducherry who, in turn, will bring these directions to the immediate notice of the Magistrates in their respective Sessions Divisions.

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