MITHABHAI PASHABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) Whether with the change of an investigating authority, police custody of the accused on remand can be sought for, although cognizance of the offence had already been taken, is the question involved herein.

(3.) It arises out of a judgment and order dated 5th September, 2009 passed by the High Court of Gujarat at Ahmedabad in Criminal Revision Application No. 482 of 2008 setting aside an order dated 23rd May. 2008 passed by the learned Second Additional Sessions Judge, Himatnagar in Sessions Case No. 70 of 2002.