1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.126/2010 Applicant:- Dr. Ashok s/o Gopikisan Taori aged about 46 years, Occu. Medical Officer, R/o Khamgaon, Tq. Khamgaon Distt. Buldhana. ...Versus... Respondent :- State of Maharashtra through Police Station Officer, Police Station (City) Khamgaon, Tq. Khamgaon, Distt. Buldhana. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- [Shri G.G. Mishra, Adv. for applicant] [Shri A.D. Sonak, APP for respondent] CORAM:- A.B. CHAUDHARI, J. DATED :- 16.02.2010 1. This criminal application is directed against the order dated 19.11.2009, passed by the Judicial Magistrate First Class, Khamgaon, who had remanded the applicant to police custody remand till 21.11.2009. 2. Admittedly, this period of police custody remand is over. 3. According to learned Counsel for the applicant, this police custody remand is a stigma on the character of the applicant and therefore, this Court should examine the correctness of the said order. 4. Having heard learned Counsel for the applicant and learned A.P.P. for respondent, I find that the order is based on the 2 observations made by the Magistrate after perusing the case diary. The Magistrate has referred to the case diary before granting police custody remand and therefore, it cannot be said that the same was without application of mind. That apart, the issue is now purely academic and I do not think that grant of police custody remand can be a stigma viewed from the legal angle. Therefore, on both these counts, submission made by learned Counsel for the applicant is not acceptable. Order made by the Magistrate is on merits and that apart the same has come to an end even before filing of this application in this Court. The impugned order, made by the Judicial Magistrate First Class, Khamgaon was confirmed in revision and in my opinion, rightly. 5. I clarify that this order granting police custody remand cannot be said to be a stigma against the applicant. In the result, I make the following order. O R D E R Criminal Application is dismissed. JUDGE SSW