The Magistrate while authorizing detention of the accused shall examine the report furnished by the police officer and only after recording its satisfaction, authorize detention.
“The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing,” the guidelines state.
Notice of appearance in terms of Section 41A CrPC should be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing.
“Any failure to comply with these directions shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction,” the notification has made it clear.
Similar action is proposed against Magistrates, who would authorise a detention without recording reasons.
Source: Barandbench
