STATE OF U.P. versus LAXMI BRAHMAN & ANR.

After submission of charge-sheet under Section 170 CrPC and before the order of commitment under Section 209 CrPC, the Magistrate is conducting an 'inquiry' as defined in Section 2(g) CrPC, and is empowered under Section 309(2) to remand accused to custody. The interpretation requiring compulsory bail before commitment is incorrect and not supported by the Code.

Parties: Appellant: State of U.P.; Respondent: Laxmi Brahman; Respondent: Naval Garg
Jurisdiction: India
Judgment Date: 11 March 1983
Procedural Posture: Criminal Appeal / Appeal by Special Leave From High Court Bail Order
Outcome: Appeal allowed; High Court order set aside.
Legal Topics: Bail, Cognizance, Remand, Procedure Before Magistrate, Inquiry Under Cr PC

Criminal Law Bail Cognizance Remand Procedure Before Magistrate Inquiry Under Cr PC

Case Brief

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Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2

Parties

State of U.P.

Appellant

Laxmi Brahman

Respondent

Naval Garg

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Bail Order

Legal Issues

1 Whether a Magistrate has power to remand an accused to custody between submission of charge-sheet and order of commitment to the Sessions Court
2 Whether the Magistrate can grant bail under Section 167(2) CrPC when charge-sheet is delayed
3 Whether proceedings before Magistrate under Sections 207 and 209 constitute 'inquiry' under Section 2(g) CrPC

Ratio Decidendi

Court Disposition

Appeal allowed; High Court order set aside.

Orders

Order of bail granted by Allahabad High Court on ground that Magistrate lacked remand power before commitment is set aside.
If trial is already over, respondents need not be taken into custody.