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This is an archive article published on December 10, 1998

Decision on Jerath8217;s remand today

CHANDIGARH, Dec 9:District and Sessions Judge B. S. Bedi today ruled that the decision on prosecution's request for police remand of form...

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CHANDIGARH, Dec 9:District and Sessions Judge B. S. Bedi today ruled that the decision on prosecution8217;s request for police remand of former UT chief engineer K. K. Jerath would be taken tomorrow by the Chief Judicial Magistrate, and in his absence, by the Additional Chief Judicial Magistrate.

Earlier in the day, the prosecution filed a revision petition against the December 7 and December 8 orders of the respective duty magistrates, in which no ruling was given on the police request for the arrest of the accused who was remanded to judicial custody.

The District Attorney argued that Additional Session Judge S. S. Lamba8217;s dismissal orders of the revision petition against the judicial remand of the accused had nothing to do with the request of the investigating agency to grant permission to arrest the accused for police remand.

Countering the argument, the defence counsel maintained that the revision petition was 8220;highly contemptuous8221;, as the aforesaid order which remands the accused to judicial custody till December 10, is binding on the prosecution. The defence counsel maintained that the prosecution could not seek permission to arrest the accused, as he had already been formally arrested on November 27 in all the three cases registered against him.

Later during the proceedings, the prosecution withdrew its plea regarding the arrest of the accused, but submitted that they wanted his police remand in FIR 3. The case will come up for hearing in the court of the CJM tomorrow.

 

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