Report No. 268

Annexure - B

Relevant Rules of the Delhi High Court

Volume III Chapter 11 Part B

3. Non-completion of Police investigation does not justify detention by Police-

The non-completion of the enquiry or trial justifies the latter, but the former requires something more, as it is expressly provided by Section 167 that the non-completion of the investigation shall not, in the absence of a special order of a Magistrate be deemed to be a sufficient case for the detention of an accused person by the Police. Magistrates should ensure that whenever a person arrested and detained in custody is produced before them by the police for a remand, the police places before them copies of the first information report and the Zimnis and other necessary papers as required by sub-section (1) of Section 167. The Magistrate shall sign and date every page of the case diaries or copies thereof in token of his having seen them.