MATANG SINH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner by means of the present petition under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C. for brevity) seeks to quash/set aside the impugned order dated 15th February, 2015 passed by the Learned Additional Chief Judicial Magistrate, Alipore, South 24-Parganas in connection with case No.RC/04/S/2014-CBI SCB (SIT), Kolkata under Sections 120B/420/406/409 of the Indian Penal Code corresponding to ACGR No. 3482 of 2014 whereby and whereunder the Learned Magistrate allowed the prayer for further detention of the petitioner in police custody.

(2.) The factual matrix leading to the filing of the instant Revisional Application in brief is that the petitioner was served with a notice under Section 160 of the Cr.P.C. by the Additional Superintendent of Police, CBI, SCB (SIT), Kolkata asking him to appear before the Investigating Authority at CGO Complex, BS Block, Salt Lake, Kolkata on 31.01.2015 at 11 a.m. and on receipt of such notice the petitioner attended the office of the said officer on 31.01.2015 at 11 a.m. The petitioner assisted the process of investigation but surprisingly enough he was informed that he has been arrested by the Opposite Party at 6 p.m. in the evening. Thereafter he was taken to N.R.S. Hospital for medical examination and thereafter he was referred to SSKM hospital wherein he was admitted. Since he was admitted in hospital he was not produced before the Learned Magistrate on 01.02.2015. However, the Learned Magistrate on hearing both the sides rejected the prayer for bail made on behalf of the petitioner and took the accused / petitioner in judicial custody till 13.02.2015. On 03.02.2015 the O.P. filed an application before the Learned Magistrate praying for direction upon the Superintendent, SSKM Hospital and the Jail Authority for production of the petitioner after being discharged from the hospital and the Learned Magistrate accordingly passed order directing the Superintendent of Alipore Central Correctional Home to produce the petitioner as soon as he is discharged from the hospital.

(3.) On 07.02.2015 after being released from SSKM Hospital, the petitioner was produced before the Learned Magistrate and on the prayer of the Investigating Agency the petitioner was remanded to police custody till 11.02.2015. On 08.02.2015 he was again admitted to S.K.K.M. Hospital on account of some extreme medical exigencies and for that the petitioner could not be produced on 11.02.2015. The prayer for further police custody was rejected and the Learned Magistrate directed further production of the petitioner on 13.02.2015. But on 13.02.2015 the petitioner could not be produced and prayer for further police custody was rejected and 18.02.2015 was fixed for further production. On 15.02.2015 the petitioner was produced before the Learned Magistrate and the Investigating Authority prayed for another seven days police custody. The Learned Magistrate considered such prayer and remanded the petitioner to police custody till 21.02.2015. On 21.02.2015 the petitioner was produced and he was remanded to judicial custody till 07.03.2015. Thus it becomes evident that the petitioner was remanded to police custody beyond the period of 15 days of his first order of remand passed on 01.02.2015. Feeling aggrieved against the same the present petition was filed by the petitioner.