SCR.A/1505/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION No. 1505 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE BANKIM.N.MEHTA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= STATE OF GUJARAT - Applicant(s) Versus VRUJMOHAN @ BRIJU RAMKRUSHNA GUPTA - Respondent(s) ========================================================= Appearance : PUBLIC PROSECUTOR for Applicant(s) : 1, MR BM MANGUKIYA for Respondent(s) : 1, MS BELA A PRAJAPATI for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Date : 08/07/2008 ORAL JUDGMENT 1. By filing this petition under Article 226 of the Constitution of India and u/s 482 of the Criminal Procedure Code, the petitioner has SCR.A/1505/2007 2/4 JUDGMENT challenged order dated 3-7-2008 passed in Criminal Revision Application No. 12 of 2007 by learned Presiding Officer, Fast Track Court No.1, Ahmedabad (Rural) whereby the revision application was dismissed and order passed by trial court refusing to grant further police remand of respondent – accused was confirmed. 2. The respondent with other accused was arrested in connection with the offence registered as I – CR No. 48 of 2007 at Viramgam Town Police Station for the offences punishable u/s 307,341, 323, 504, 506(2) and 114 of the I.P. Code and u/s 25 (1) of the Arms Act and was produced on 22-6-2007 before the learned J.M.F.C., Viramgam. The investigating agency sought for police remand. The learned Magistrate granted one day's police remand. On completion of police remand, the respondent was produced before the learned Magistrate and further police remand was sought. But the learned Magistrate rejected the application for further police remand. Therefore, the petitioner – State preferred Criminal Revision Application before Addl. Sessions Judge, at Viramgam. Learned Presiding Officer, Fast Track Court No.1, Ahmedabad (Rural) Camp at Viramgam by his order dated 3-7-2008 rejected the revision application. Therefore, the petitioner – State has preferred the present petition. SCR.A/1505/2007 3/4 JUDGMENT 3. I have heard learned A.P.P. Mr. K.P. Raval for the State and learned advocate Mr. B.M. Mangukiya is absent. 4. The investigating agency was granted police remand and on completion of one day's remand, the respondent was again produced before learned J.M.F.C., Viramgam and further remand was sought, but the request was not granted by order dated 24-4-2007. Thereafter, Criminal Revision application was preferred against the said order and it also came to be dismissed on 3-7-2008. Thereafter, State preferred present proceedings on 30-8-2007. 5. In view of the decision of Central Bureau of Investigation, Special Investigation Cell-I, New Delhi Vs. Anupam K. Kulkarni, reported in AIR 1992 SC 1768, the custody after the expiry of first 15 days can only be judicial custody. 6. In view of the above settled legal position, detention of the accused in policy custody could only be for first 15 days after the date of arrest. Therefore, the present proceedings cannot be entertained and accordingly this revision application is required to be dismissed. SCR.A/1505/2007 4/4 JUDGMENT 7. In view of above, this criminal revision application fails and stands dismissed. Rule stands discharged. (Bankim N. Mehta, J.) /JVSatwara/