Niyam v2 is live — start for just ₹100 — 200 credits to try

january 1972

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.

GOURI SHANKAR JHA vs THE STATE OF BIHAR AND ORS. · Niyam