24 Hours Not To Be Calculated From Official Arrest Time But From Time When Accused Was Apprehended Or Taken Into Custody: Telangana HC
The Telangana High Court held that, 24 hours is not to be calculated from the time of the official arrest being shown by the police personnel in the arrest memo, but from the time the accused was initially apprehended or taken into custody.
The Court held thus in a writ petition seeking issuance of a writ of habeas corpus and for production of four detenus.
A Division Bench comprising Justice P. Sam Koshy and Justice N. Tukaramji observed, “… this Bench has no hesitation in reaching to the conclusion that question No.1 as regards the commencement of the period of apprehension is concerned, it is held that the period of apprehension is also to be taken into consideration for the purpose of calculating the period of 24 hours as is envisaged under Section 57 of Cr.P.C. In other words, 24 hours is not to be calculated from the time of the official arrest being shown by the police personnel in the arrest memo, but from the time he was initially apprehended or taken into custody.”
Advocate Yemmiganur Soma Srinath Reddy appeared for the petitioner while Special Government Pleader (SGP) Swaroop Oorilla appeared for the respondents.
Factual Background -
The four detenus were accused and arrested for the offences punishable under Sections 406, 420 read with 120B of the Indian Penal Code (IPC) and Section 5 of the Telangana Protection of Depositors of Financial Establishments Act, 1996 (TSPDFE Act). The petitioner had earlier filed another writ petition seeking habeas corpus writ and the same was filed, the grounds raised were not available and it was filed at the stage of their apprehension itself and subsequently when the matter came up for hearing, the said writ petition was disposed of in the light of the submissions made by the Government Counsel as regards the official arrest of the four detenus being made and they being sent on judicial remand. The petition was rejected and hence, the present habeas corpus writ was filed raising two substantial questions of law. They are as follows –
a) Whether the period of apprehension by the police authorities before the official arrest being shown is also to be considered for the purpose of fulfilling the requirement of producing the so-called apprehended person before the Judicial Magistrate within 24 hours?
b) Whether an accused under TSPDFE Act can be produced for the first remand before the nearest Judicial Magistrate or he needs to be presented only before the concerned notified Special Court?
The High Court in the above context of the case, noted, “… accused Nos.3 and 4 have been produced before the Judicial Magistrate only after completion of 24 hours from the time they were apprehended. Accused Nos.1, 2 and 6 were produced before the Judicial Magistrate before completion of 24 hours.”
The Court added that there is clear violation of the statutory requirement under Section 57 of the Criminal Procedure Code (CrPC) so far as accused Nos.3 and 4 are concerned, and they are accordingly liable to be given the benefit for the illegal act which the respondent-authorities have committed.
“… we have no hesitation in reaching to the conclusion that TSPDFE Act has not in any manner ousted the applicability of the provisions of Cr.P.C. so far as the mandatory requirement which includes the fundamental right of any person who stands apprehended or arrested to be produced before the nearest Judicial Magistrate”, it said.
The Court further said that if such an interpretation is not accepted or followed; the very purpose, object and intention of the law makers at the first instance so far as the fundamental right guaranteed under Article 22(2) of the Constitution and secondly under the statute i.e. Section 167(1) and (2) of Cr.P.C. would render the two provisions redundant, which would give rise to far more complications and repercussions and which perhaps is also not the intention of the law makers in the course of enacting the TSPDFE Act.
“The second question of law so far as competence and jurisdiction of the Judicial Magistrate entertaining the first remand petition is answered in the affirmative holding that the Judicial Magistrate does have the competency and jurisdiction and there does not seem to be any jurisdictional error so committed by the Judicial Magistrate while passing the impugned order dated 02.08.2024 which is under challenge in the present writ petition”, it enunciated.
The Court concluded that the accused Nos.3 and 4 are entitled for relief of issuance of a Writ of Habeas Corpus; however, since the accused Nos.1, 2 and 6 have been produced before the Judicial Magistrate before completion of 24 hours; their claim for being released deserves to be dismissed.
Accordingly, the High Court allowed the petition to an extent.
Cause Title- T. Ramadevi v. The State of Telangana and Others
