CENTRAL BUREAU OF INVESTIGATION versus RATHIN DANDAPAT AND OTHERS

Citation: [2015] 10 S.C.R. 295 · Decided: 21-08-2015 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2015] 10 S.C.R. 295 
CENTRAL BUREAU OF INVESTIGATION 
A 
V. 
RATHIN DANDAPAT AND OTHERS 
(Criminal Appeal No.1081 of 2015) 
AUGUST 21, 2015 
[DIPAK MISRA AND PRAFULLA C. PANT, JJ.] 
B 
Code of Criminal Procedure, 1973: s.167(2)- Power of 
Magistrate to authorise detention of accused in police custody C 
- Killing of 9 persons and injuring large number of villagers 
- Investigation transfen-ed to CBI- Charge sheet against 21 
accused including arrested ones and absconders - CBI 
seeking remand of accused in police custody- Whether no 
remand in police custody can be given to the investigating D 
agency in respect of the absconding accused who is arrested 
only after filing of the charge sheet - Held: Police remand 
can be sought uls. 167(2) in respect of an accused arrested 
at the stage of further investigation if the interrogation is 
needed by the investigating agency- Expression 'accused E 
if in custody' in s.309 does not include the accused who is 
arrested on further investigation before supplementary charge 
sheet is filed - Refusal of police remand against principle of 
law- Impugned orders declining the police remand set aside 
- Penal Code, 1860 - ss. 148, 149, 307, 302. 
F 
State through CBI v. Dawood Ibrahim Kaskar and 
Ors. (2000) 10 SCC 438: 1997 (1) Suppl. SCR 
212; Dinesh Dalmia it. CBI (2007) 8 SCC 770: 
2007 (9) SCR 1124- relied on. 
G 
Case Law Reference 
1997 (1) Suppl. SCR 212 relied on. 
2007 (9) SCR 1124 
relied on. 
295 
Para 11 
Para 12 
H 
296 
SUPREME COURT REPORTS 
[2015] 10 S.C.R. 
A 
CRIMINALAPPELLATE JURISDICTION: CriminalAppeal 
B 
No. 1081 of2015. 
From the Judgment and Order dated 15.5.2014 of the 
High Court of Cal.::utta in Criminal Revision No. 1510 of 2014. 
WITH 
CRL. A. NOS. 1082 and 1083 OF 2015. 
Maninder Singh, ASG, Neeraj Kishan Kaul, Atreyi 
C Chatterjee, Binu Tamta, B. Raghunath, B.V. Balaram Das for 
the Appellant. 
D 
Pradip Kumar Ghosh, Biswajit Manna, Debarpita Basu 
Mukherjee, Sarla Chandra forthe Respondents. 
The Judgment of the Court was delivered by 
PRAFULLA C. PANT, J. 1. A common question of law is 
involved in these three appeals as to whether no remand in 
police custody can be given to the investigating agency in 
E respect of the absconding accused who is arrested only after 
filing of the charge sheet. 
F 
2. We have heard learned counsel for the parties and 
perused the papers on record. 
3. The instant case from which these appeals have arisen, 
relates to killing of nine persons and injuring large number of 
villagers of Village Netai of District Paschim Medinipore in 
West Bengal. It is alleged that the respondents in the present 
· G appeals and other accused, on 07.01.2011, after forming an 
unlawful assembly in the rooftop of respondent No. 1, Rathin 
Dandapat, committed the crime. First Information Report was 
lodged on the same day at Police Station Lalgarh in respect 
of offences punishable under Sections 148, 149, 326, 307, 
H 302 of Indian Penal Code (IPC), and also in respect of offences 
CENTRAL BUREAU OF INVESTIGATION v. RATHIN 
297 
DANDAPAT AND OTHERS [PRAFULLA C. PANT, J.] 
punishable under Section 25/27 of Arms Act. The investigation A 
of the case was initially done by regular police, but later 
transferred to Criminal Investigation Department (CID) of the 
State. Vide order dated 18.2.2011, passed by the High Court 
of Judicature at Calcutta in Writ Petition Nos. 1170(W) of 2011, 
1172(W)of2011and1181(W)of2011, the investigation was B 
transferred to Central Bureau of Investigation (for short "the 
CBI"), the appellant before us. 
4. During investigation accused, namelyAbhani Bhusan 
Singha, Subhendu Mondal,Aswani Chalak, Nabagopal Sanki, C 
Pintu Roy, Gandib Ban Roy, Lob Duley, Banamali Duley, 
Niranjan Kotal, Rupchand Ahir, Raju Roy and Swapan Roy were 
arrested. On completion of investigation, the CBI submitted 
charge sheet dated 4.4.2011 against 21 accused, including 
the arrested ones and the absconders. It was mentioned in 
D 
the charge sheet that further investigation of the case was kept 
open for the purposes of collection of further evidence and the 
arrest of the absconders. It was also mentioned that further 
collected evidence during investigation would be forwarded 
by filing supplementary charge sheet. 
E 
5. The respondents, namely, Rathin Dandapat, Md. 
Khaliluddin, Dalim Pandey, Joydeb Giri, Tapan Dey (all 
respondents in Criminal Appeal arising out of S.L.P. (Crl.) No. 
3611 of 2015), Chandi Karan (respondent in
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