YELAMANCHILI MAHESH BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition filed by the petitioners, (A-1 and A-3), under S. 482, Cr.P.C., to quash the order dated 26/06/1993 in Crl. M.P. No. 1772 of 1993 in Crime No. 4/93 of Dwaraka Tirumala P.S., passed by the II Additional Judicial First Class Magistrate, Eluru directing that the petitioners herein shall be remanded to the police custody for two days for the purpose of investigation.

(2.) On the allegation that on 27-1-1993 the accused including the two petitioners herein killed two persons and some more persons also received serious injuries, a case in Crime No. 4 of 1993 was registered by the Dwaraka Tirumala Police Station. It appears that on coming to know of the registration of a crime against them, petitioners, who are accused 1 and 3 respectively surrendered before the Magistrate on 23-4-1993 and they were remanded to judicial custody. Thereupon, the Inspector of Police, filed Crl. M.P. No. 1772/93 in the lower court requesting to commit the petitioners (A-1 and A-3) for police custody for a period of seven days to interrogate them and to know the hide-outs and whereabouts of absconding accused and for recovery of the weapons used in the crime. After giving notice to the petitioners and after hearing both parties and after considering the counter filed by the petitioners, the lower court passed the impugned order remanding the petitioners to police custody for two days. Having been aggrieved by the said order, the petitioners have filed the present petition under S. 482, Cr.P.C. to quash the said order.

(3.) In C.B.I. Special Investigation Cell-I, New Delhi v. Anupam J. Kulkarni, AIR 1992 SC 1768 : (1992 Cri LJ 2768) while considering the provisions of Section 167(2) of the Criminal Procedure Code, the Supreme Court observed as follows (at page 2779 of AIR) :-