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1987 DIGILAW 621 (RAJ)

Bhagwan Das v. State of Rajasthan

1987-08-21

V.S.DAVE

body1987
JUDGMENT V.S. Dave, J. - The learned Sessions Judge has observed that in the diary there is no mention as yet that any prime facie offence has been committed, much less by the accused and it is on this ground that application has been refused. The accused shall appear before the Investigating Officer within two weeks, for interrogation. However he shall not be detained in custody or asked to stay in the police station during the night hours. In case on interrogation a case is made out against him it will be open to the Investigating Officer to move the concerned Magistrate for obtaining a warrant of arrest. The application for obtaining a warrant shall be moved after intimation to the accused and giving him proper opportunity for engaging counsel that atleast 24 hours before obtaining a warrant. With the aforesaid observations the application is dismissed. Copy of this order shall be sent to the Investigating Officer. *******