"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates
3 years ago

"Record Satisfaction Before Authorizing Detention In Exercise Of Powers U/S 167 CrPC": AP High Court Directs Judicial Magistrates

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The Andhra Pradesh High Court has directed the State Judicial Magistrates to record their satisfaction before authorizing the detention, in the exercise of powers under Section 167 Cr.P.C., and that they must apply their mind objectively in the obtaining facts of the case and pass a reasoned order.The Bench of Chief Justice Prashant Kumar Mishra and Justice A. V. Sesha Sai also. The Andhra Pradesh High Court has directed the State Judicial Magistrates to record their satisfaction before authorizing the detention, in the exercise of powers under Section 167 Cr.P.C., and that they must apply their mind objectively in the obtaining facts of the case and pass a reasoned order. In this regard, the Court referred to the ruling of Arnesh Kumar case, wherein the Supreme Court had referred to the provisions contained in Section 41 Cr.P.C., to hold that a police officer is bound to state the facts and record the reasons in writing which led him/her to come to a conclusion covered by any of the provisions aforesaid, while making such arrest and the law further requires the police officers to record the reasons in writing for not making the arrest. Further, highlighting the duty of the Magistrate while authorizing further detention under Section 167, as laid down by the Supreme Court in Arnesh Kumar Case, the High Court, in its order, reiterated the law already laid down by the SC and directed all the Judicial Magistrates to record their satisfaction before authorizing detention, in exercise of powers under Section 167 Cr.P.C.

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