TaxTMI 
TaxTMI 
2015 (8) TMI 1574
X X X X Extracts X X X X
X X X X Extracts X X X X
...., Biswajit Manna, Debarpita Basu Mukherjee and Sarla Chandra, Advs. JUDGMENT 1. A common question of law is involved in these three appeals as to whether no remand in police custody can be given to the investigating agency in respect of the absconding accused who is arrested only after filing of the charge sheet. 2. We have heard learned Counsel for the parties and perused the papers on record. 3. The instant case from which these appeals have arisen, relates to killing of nine persons and injuring large number of villagers of Village Netai of District Paschim Medinipore in West Bengal. It is alleged that the Respondents in the present appeals and other accused, on 07.01.2011, after forming an unlawful assembly in the rooftop of....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Dalim Pandey, Joydeb Giri, Tapan Dey (all Respondents in Criminal Appeal arising out of S.L.P. (Crl.) No. 3611 of 2015), Chandi Karan (Respondent in Criminal Appeal arising out of S.L.P. (Crl.) No. 3612 of 2015), Anuj Pandey (Respondent in Criminal Appeal arising out of S.L.P. (Crl.) No. 4241 of 2011), and one Kanai Dey, were declared proclaimed offenders. Meanwhile, the trial proceeded and, after providing necessary copies to the accused, as required Under Section 207 of the Code of Criminal Procedure, 1973 (for short "Code of Criminal Procedure"), the Additional Chief Judicial Magistrate, Jhargram, on 9.8.2011, committed the case to the Court of Sessions, Paschim Medinipore. The Court of Sessions on 10.12.2011 framed charge against accus....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rejected by the Additional Chief Judicial Magistrate, Jhargram, against which Revisional Application (C.R.R. No. 1641 of 2014) was filed before the High Court. As to the absconder-accused Anuj Pandey too, CID, West Bengal, on 7.5.2014 informed the CBI about his arrest from Chandrapura in Jharkhand, and he was produced on 8.5.2014 before the Additional Chief Judicial Magistrate, Jhargram where CBI sought remand in police custody but the same was also refused. Aggrieved by said order dated 8.5.2014, passed by the Additional Chief Judicial Magistrate, Revisional Application (C.R.R. No. 1640 of 2014) was filed before the High Court. All the three Criminal Revisions were disposed of by the High Court by separate orders of the same date, i.e., 15....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage; (c) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorize detention in the custody of the police. 9. Sub-section (8) of Section 173, under which investigating agency has power to further investigate the matter in which the report/charge sheet has already been filed, is reproduced hereunder: (8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a rep....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ested during further investigation. In paragraph 11 of said case, this Court has held as follows: 11. There cannot be any manner of doubt that the remand and the custody referred to in the first proviso to the above Sub-section are different from detention in custody Under Section 167. While remand under the former relates to a stage after cognizance and can only be to judicial custody, detention under the latter relates to the stage of investigation and can initially be either in police custody or judicial custody. Since, however, even after cognizance is taken of an offence the police has a power to investigate into it further, which can be exercised only in accordance with Chapter XII, we see no reason whatsoever why the provisi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ents and the limitation of Section 167. 12. The case of Dinesh Dalmia v. CBI (2007) 8 SCC 770, which is relied upon by the High Court, relates to granting of bail Under Section 167(2) Code of Criminal Procedure. In said case, the accused/absconder (Dinesh Dalmia) after his arrest was produced before the Magistrate, and on the request of CBI police custody was granted on 14.2.2006 till 24.2.2006, whereafter on another application further police custody was granted till 8.3.2006. Said accused was remanded to judicial custody, and the accused sought statutory bail Under Sub-section (2) of Section 167 Code of Criminal Procedure as no charge sheet was filed against him by CBI within sixty days of his arrest. The Magistrate rejected the applic....