Telangana High Court
Ambati Santosh vs The State Of Telangana on 15 June, 2023
THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL REVISION CASE No.238 OF 2023
O R D E R:
This Criminal Revision Case is filed to set aside the remand order dated 25.03.2023 in Crime No.279 of 2023 on the file of the Kukatpally Housing Board Police Station, on the file of XV Additional Metropolitan Magistrate, Medchal Malkajgiri District at Kukatpally, Cyberabad, for violating the mandatory guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1 and subsequently to enlarge the petitioner on bail in the above said crime.
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State.
3. Learned Assistant Public Prosecutor brought to the notice of this Court that the petitioner is already enlarged on bail and that the impugned remand order is a mechanical order. The learned Assistant Public Prosecutor further submits that the impugned remand order is a printed format being forwarded by 1 (2014) 8 SCC 273 the police and the same is being used by the Magistrates while passing the remand orders by just filling up the blanks in the printed format, such as, date of remand, P.C. number and signature on that. Such type of mechanical orders cannot be passed by the Magistrates.
4. Taking into consideration the fact that, the petitioner is already on bail this Court deems it appropriate to direct the Magistrates not to use any such mechanical/printed formats while passing the remand orders and the orders shall be written by hand, as per the circulars of this Court, and the same is being reiterated from time to time.
5. With the above said observation, this Criminal Revision Case is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
_________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 15.06.2023 AQS