Discretion means when it said that something is to be done within the discretion of the authorities that something is to be done with the discretion of the authorities that something is to be done according to the rules of reason and justice. The power to take accused into the custody rests with investigating officer, and it is the Investigation Officers discretion whether to take a person into custody or not. Whilst passing a direction by Hon’ble High Court they are dictating how that power must be exercised. Depriving the authority concerned an opportunity to apply its mind and take actions accordingly, which is not intended by the statute.
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