Rajasthan Court August 1954 Judgments

Moti Bai Vs. the State

Court: Rajasthan

Reported in: 1954CriLJ1591

ORDERModi, J.1. This is a reference by the learned Sessions Judge, Jodhpur, and raises an important, point as to the right of a counsel for an accused who is in police custody to interview the accused out of the hearing of the police though in their presence,2. The facts leading up to this reference may shortly tie stated as follows : Mt. Moti Bai was arrested by the police on 15-6-1954, as she was suspected of being involved in an offence under Section 6, Indian Wireless Telegraphy Act and under Section 489A, Penal Code. While she was in police custody, learned Counsel for the accused wanted to interview her. It appears that this interview was not granted although he was able to obtain one at the house of the Second Additional Extra Magistrate, First Class, Jodhpur City, when the accused was taken to him for a remand under Section 167, Criminal P. C. Learned Counsel had earlier submitted an application on 16-6-1954, to the said Magistrate in which he had complained of his having not b...