If
the remand application is rejected by
the court following are the options available to the Investigating officer;-
He
may file a revision petition in Session
Court or High Court or
May
file another remand application on fresh grounds in the court of Magistrate.
Provided
all the options must be exercised within first period of 15 days.
If
revision is filed in first 15 days and decision of court comes after expiry of
the 15 days, the accused cannot be taken on police remand .
In order to avoid the above situation the Gujarat High Court in case of KANTIBHAI DEVSIBHAI PATEL Versus STATE OF GUJARAT, SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1853 of 2015 decided on 22 June, 2015 passed following directions to be followed in cases if order of magistrate granting or refusing the remand application is challenge in the high court.
(1) If the Investigating Officer files any
application for remand at the time when the accused is produced before the
Court, then the Court shall hear and decide such application on the very same
day;
(2) In the event, if
the remand application is rejected, then the State shall ensure to see, if they
intend to challenge such order of the Magistrate before the revisional court,
that the revision application is preferably filed on the very next day, and if
such application is filed by the State, then the revisional court shall hear
and dispose of the same at the earliest keeping in mind the statutory time
period of fifteen days, during which, the accused can be taken into police
custody.
(3) In the event, if
the remand application is allowed and the accused prays for stay of the
operation of such order, then the Magistrate shall see to it that the right of
the prosecution to pray for such remand within first fifteen days of detention
is not defeated or frustrated. The Court should be circumspect and very slow in
staying the operation of the order of remand on mere asking by the accused.I
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