SATYAJIT BALLUBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Special Criminal Miscellaneous Application No.810 of 2011 has been preferred by the petitioners-original accused to quash and set aside the impugned order dated 31.3.2011 passed by the learned JMFC, Valod granting police remand for three days of the petitioner in respect of M Case No. 1 of 2004 registered at Valod Police Station for the offences under Sections 406, 420, 467, 468, 471, 504, 506(2) and 114 of the Indian Penal Code.

(2.) Before considering the impugned order, few facts and chronology of events to appreciate the conduct on behalf of the petitioners deserve consideration, which are as under:

(3.) Shri N.D. Nanavati, learned Senior Advocate appearing on behalf of the petitioners-original accused has vehemently submitted that as such no ground for granting police remand is emerging from the report submitted by the Investigating Officer. Shri N.D. Nanavati, learned Senior Advocate appearing on behalf of the petitioners-original accused has also relied upon the additional affidavit on behalf of the petitioners submitting that all throughout the petitioners have cooperated the Investigating Officer and they have also appeared before the Investigating Officer and gave their statements and, therefore, police remand is not required and / or warranted. It is submitted that the petitioner No.1 has been interrogated for hours by the Investigating Officer and as such no further investigation and/ or remand qua the petitioner no.1 is needed.