Supreme Court of India · 1972-01-20
GOURI SHANKAR JHA vs THE STATE OF BIHAR AND ORS.
- Citation / case number
- SC 1968/60350
- Court
- Supreme Court of India
- Petitioner
- GOURI SHANKAR JHA
- Respondent
- THE STATE OF BIHAR AND ORS.
- Bench
- SHELAT, J.M.
Judgment text excerpt
The Supreme Court held that the appellant was produced before the magistrate within 24 hours of arrest as mandated by Section 167 of the Code of Criminal Procedure, 1898. The Court clarified that remand orders can be lawfully passed even in the absence of the accused, provided the magistrate complies with the necessary conditions. It was established that Section 344 can apply during ongoing investigations, and the magistrate's orders were valid despite incorrect entries in the order sheet. The appeal was dismissed, affirming the legality of the remand orders.