Public Prosecutor Can’t Independently Seek Police Remand: J&K High Court

The Jammu & Kashmir and Ladakh High Court held that a Public Prosecutor has no independent authority to seek police custody of an accused unless such a request originates from the investigating agency.

Justice Sanjay Parihar observed that under Section 167 CrPC, police remand can be granted only when the police themselves seek custody for further investigation.

Since the charge-sheet had already been filed and no supplementary investigation or custody request was made by the police, the remand plea was rightly rejected.

The Court dismissed the State’s revision, holding that the refusal order merged with the final acquittal judgment.

[State of J&K v. Dhanwanter Singh]