Court rules Public Prosecutor cannot independently seek police remand; previous acquittal of co-accused renders revision petition infructuous.
In a significant judgment, the Jammu and Kashmir High Court, presided over by Justice Sanjay Parihar, dismissed a revision petition filed by the State of Jammu and Kashmir challenging the trial court's refusal to grant police remand for three accused individuals in a high-profile murder case. The judgment, dated January 30, 2026, emphasizes the legal limitations on the powers of a Public Prosecutor and the implications of prior acquittals in related cases.
The case stems from an FIR (No. 100/2005) involving serious charges under various sections of the Ranbir Penal Code and the Arms Act, including murder and attempted murder. The accused, Dhanwanter Singh and others, had absconded during the initial investigation and were subsequently proceeded against under Section 512 of the Criminal Procedure Code (CrPC). Following their surrender, the State sought police remand for further investigation, a request dismissed by the trial court on the grounds that the investigating agency had not requested such remand.
In its decision, the High Court pointed out that the Public Prosecutor lacked the independent authority to seek police remand without a formal request from the investigating agency, as stipulated under Section 167 of the CrPC. The court further noted that the filing of the charge-sheet indicated that no further custodial interrogation was necessary.
The court also highlighted that the respondents were acquitted on the same evidence that had previously led to the acquittal of co-accused individuals in the case. This acquittal effectively merged the impugned order with the final judgment, rendering the State's revision petition infructuous.
The High Court's ruling underscores the importance of procedural adherence and the impact of judicial decisions on subsequent legal actions, marking a significant interpretation of procedural law in criminal cases.
Bottom Line:
Revision petition challenging dismissal of application for police remand of accused - Accused absconded during investigation and were proceeded against under Section 512 CrPC - Later surrendered and were acquitted on the same evidence as co-accused who were earlier acquitted - Revision dismissed as the impugned order merged into the final judgment of acquittal, rendering it infructuous.
Statutory provision(s): Section 167 CrPC, Section 512 CrPC, Ranbir Penal Code (RPC), Section 3/25 Arms Act
State of J and K. v. Dhanwanter Singh, (Jammu And Kashmir) : Law Finder Doc id # 2849960
