A. LAKSHMANARAO vs JUDICIAL MAGISTRATE, 1ST CLASS, PARVATIPURAM & ORS.

The Supreme Court held that the production of an accused before a magistrate for remand is not a strict legal requirement, as established in Rai Narain v. Supdt. Central Jail, New Delhi, [1971] 2 S.C.R. 147. The Court found that the remand order dated August 20, 1970, made in the absence of the petitioner, was not illegal, and thus did not warrant his release on habeas corpus. The Court emphasized that while personal production is desirable for representation against remand, the discretion to adjourn and remand under Section 344(1A) of the Code of Criminal Procedure, 1898, must be exercised judiciously based on the circumstances of each case.