(1.) This revision has been directed by the defacto complainant in Cr. No. 246 of 2012 registered as against the order of the learned XI Metropolitan Magistrate, Saidapet, Chennai rejecting C.M.P. No. 2097 of 2014 filed by the police (first respondent) seeking police custody of A-1 (2nd respondent) for 7 days.
(2.) Noticing the following factual matrix is suffice for the disposal of this revision.
(3.) According to the learned counsel for the revision petitioner, the revision petitioner is the defacto complainant in this case. She is interested in the collection of required evidence (investigation). A-1 is in possession of certain vital physical evidence. He knows very many things connected with this case. Thus, his custodial interrogation is very much essential. The Investigation officer filed police custody petition before the learned Magistrate well before the expiry of the first 15 days remand. However, it was misunderstood by the learned Magistrate as belated. Custodial interrogation is elicitation oriented. In the interest of investigation, it becomes necessary. Disinclination of the accused to go to police custody is not a ground to deny the genuine request of the police.