VICKY DHANSUKH RAITHATHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Shri K.P. Raval, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent. In the facts and circumstances of the case and with the consent of learned advocates appearing for respective parties, petition is taken up for final hearing today. Present Special Criminal Application under Article 226 of the Constitution of India has been preferred by the petitioners original accused Nos.1, 2 and 3 to quash and set aside the impugned order dated 1 6.06.2011 passed by the learned Additional Judicial Magistrate First Class, Khambhalia granting police custody (remand) for two days in connection with the complaint/FIR being C.R. No.I-63/2011 registered with Khambhalia Taluka Police Station.

(2.) SHRI Dholakia, learned advocate appearing on behalf of the petitioners has vehemently submitted that learned Magistrate has materially erred in accepting the application submitted by the investigating officer for police custody (remand) of the petitioners for two days. Relying upon the decision of the learned Single Judge in the case of Jairajsinh Temubha Jadeja v. State of Gujarat reported in 2002(1) GLR 215, it is requested to allow the present petition and to quash and set aside the impugned order of remand. It is submitted that as observed by the learned Single Judge in the aforesaid decision, remand cannot be granted to obtain confessional statement and/or to discover materials used by other accused or for arrest of other accused. 2.1 Making above submissions and relying upon above decision, it is requested to allow the present petition.

(3.) IN view of the above and for the reasons stated above, present Special Criminal Application succeeds in part. Impugned order dated 16.06.2011 passed by the learned Additional Judicial Magistrate First Class, Khambhalia granting police custody (remand) of petitioner Nos.2 and 3 in connection with I-C.R. No.63/2011 registered at Khambhalia Taluka Police Station is hereby quashed and set aside and the said order is modified qua petitioner No.1 to the extent granting police custody (remand) of petitioner No.1 for one day. As agreed by the learned advocate appearing on behalf of the petitioners, petitioner No.1 original accused No.1 Vicky Dhansukh Raithatha shall remain present before the concerned police station/investigating officer on 03.08.2011. Rule is made absolute to the aforesaid extent. Direct service is permitted.