THE STATUTORY RESTRICTION UNDER 167 CRPC CANNOT BE CIRCUMVENTED BY GIVING ANY REASONS INCLUDING GIVING AN OPPORTUNITY TO THE INVESTIGATING OFFICER TO INVESTIGATE THE CASE: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 31 January, 2023 stating that the statutory restriction under 167 CRPC cannot be circumvented by giving any reasons including giving an opportunity to the Investigating Officer to investigate the case. It was stated in the case of The State Of Telangana vs Boodati Laxminarayana (Criminal Petition No.648 OF 2023)which was passed by the single judge bench comprising of K.Surender
FACTS OF THE CASE:
The State is aggrieved by the refusal by the Learned Metropolitan Sessions Judge to grant police custody of the respondent for a period of seven days vide order in Crl.M.P.No.107 of 2023 in Crime No.258/2022 of Police Station, CCS, Hyderabad.According to the police, the case is investigated by Assistant Commissioner of Police, CCS, Hyderabad and the respondent/A2 is co-conspirator. He along with other accused, collected huge deposits from customers in the guise of registering commercial space in the proposed commercial complex namely Sahiti Mahita Centro, Road No.12, Banjara Hills, Hyderabad by executing agreement of sale in favour of several persons including the complainant. However, suitable permissions from the relevant departments were not taken. On complaint made by the victims it was found that Sahiti Infratec Venture India Private Limited collected amount of Rs.40,92,20,687/- and the said complaint was registered and being investigated for the offences under Sections 406, 420, 120-B r/w 34 of IPC and Sections 3 and 5 of TSPDFE Act.
JUDGEMENT OF THE CASE
The learned Sessions Judge found on facts that the respondent/accused was being harassed by taking into police custody in several crimes that were registered, though the High Court has directed for joint investigation in all the crimes. Both on facts and also on law, since first 15 days have expired , the Court is not inclined to grant police custody. Accordingly, direction for grant of police custody of Respondent/Accused is refused.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.