Telangana High Court
Mr. Sukash Chandrashekar vs Central Bureau Of Investigation/ Anti ... on 24 February, 2021
Author: K. Lakshman
Bench: K. Lakshman
HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.943 OF 2021
ORDER:
The present Criminal Petition is filed to call for the records relating to proceedings in Crl.M.P. No.68 of 2021 in RC 01(A)/2020- CBI-HYD. pending on the file of Principal Special Judge for CBI Cases, Hyderabad, and to quash the same.
2. Heard Mr. Vedula Venkata Ramana, learned senior counsel representing Mr. N. Naveen Kumar, learned counsel for the petitioner, and Mr. K. Surender, learned Special Public Prosecutor for CBI Cases appearing on behalf of respondent - CBI.
FACTS:
3. On 16.01.2020, CBI registered a case in RC 01(A)/2020- CBI-HYD against Mr. Manivardhan Reddy Yala and another for the offences under Section - 7A of the Prevention of Corruption (Amendment) Act, 2018 and Sections - 420 and 419 read with 120-B of IPC and Section - 66D of the Information Technology Act, 2000.
4. During the course of investigation, CBI added the petitioner herein as accused No.5, and accordingly, a memo dated 05.03.2020 was filed before the Principal Special Judge for CBI Cases, Hyderabad.
5. It is relevant to mention that the petitioner herein was arrested on 16.04.2017, and at present he is in Tihar Jail, New Delhi KL,J Crl.P. No.943 of 2021 2 in Crime No.56 of 2017 pending on the file of Crime Branch, Delhi. The CBI, ACB, Hyderabad filed a petition under Section - 267 of Cr.P.C., to issue PT Warrant vide Crl.M.P. No.1238 of 2020 in RC 01 (A)/2020-CBI-HYD before the Court below on 11.03.2020, and the same was allowed on 12.03.2020 and accordingly Prisoner in Transit (PT) Warrant was issued to the Superintendent, Central Jail Nos.8 and 9, Tihar Jail, New Delhi for production of the petitioner - accused No.5 by 24.03.2020 for the purpose of inquiry in RC 01((A)/2020- CBI-HYD.
6. In view of the COVID-19, the petitioner - accused No.5 could not be produced before the Court below and the Jail Authorities expressed their readiness to produce the petitioner through Video Conference.
7. The CBI has also filed an application on 05.12.2020 vide Crl.M.P. No.1466 of 2020 in RC 01(A)/2020-CBI-HYD seeking permission to interrogate the petitioner herein in Tihar Jail. The said petition was allowed by the Court below vide order dated 11.01.2021 directing the Superintendent, Central Jail No.10, Tihar Jail, Delhi to permit the Investigating Officer in RC 01(A)/2020-CBI-HYD to examine / interrogate the petitioner herein for two (02) days i.e., 19.01.2021 and 20.01.2021 on certain conditions.
8. In the order dated 11.01.2021 in Crl.M.P. No.1466 of 2020 in RC 01(A)/2020-CBI-HYD, the Court below has specifically KL,J Crl.P. No.943 of 2021 3 mentioned about registration of crime, adding the petitioner as accused No.5 in the said crime and also allowing the application viz., Crl.M.P. No.1238 of 2020 under Section - 267 of Cr.P.C. to issue P.T. warrant to Jail Superintendent. The Court below has also mentioned the prevailing circumstances due to COVID-19 Pandemic, the petitioner could not be produced and Jail Authorities expressed their readiness to produce the petitioner through Video Conference. The Court below has also specifically referred to the Rule - 20 (4) of the Delhi Prisons (Visitors of Prisons) Rules, 1988, as per which, no Police Officer shall be permitted to interrogate any prisoner, except insofar as may be necessary for the purpose of identification of such prisoner, without an order in writing from the competent Court, addressed to the Superintendent. With the said reasons, the Court below allowed Crl.M.P. No.1466 of 2020 on 11.01.2021, permitting the Investigating Officer to examine / interrogate the petitioner herein for two (02) days viz., 19.01.2021 and 20.01.2021 on certain conditions.
9. On 29.01.2021, the petitioner herein was produced before the Court below through Video Conference from Rohini Jail No.10, Delhi. The matter was adjourned to 11.02.2021 for production of petitioner through Video Conferencing again and from 11.02.2021, it was adjourned from time to time and it is posted to 24.02.2021 at present.
KL,J Crl.P. No.943 of 2021 4
10. The CBI has filed an application under Section - 167 (2) of Cr.P.C on 29.01.201 before the Court below vide Crl.M.P. No.68 of 2021 seeking to take the petitioner herein into judicial custody in RC.1(A)/2020-CBI-HYD and remand him to judicial remand for a period of fifteen (15) days. The CBI has filed the said application contending that the Court below has issued production warrant on 12.03.2020 and Prison Authorities were directed to cause production of petitioner. They could not produce the petitioner due to COVID-19 pandemic, and pursuant to the said warrant, the Jail Authorities have produced the petitioner through Video Linkage before the Court below. The petitioner herein is in judicial custody at Tihar jail by virtue of remand orders issued by multiple Courts across the Country. He has got orders of bail in many cases and in the event he is not taken into judicial custody, there is every possibility that he will let off by the Prison Authorities once he executes necessary bail bonds for his release. The said Crl.M.P. No.68 of 2021 filed on 29.01.2021 seeking judicial custody and remand of petitioner was adjourned to 11.02.2021 and the petitioner herein has filed an application for anticipatory bail on 01.02.2021 vide Crl.P. No.733 of 2021 before this Court. The said anticipatory bail application is pending. SUBMISSIONS ON BEHALF OF PETITIONER:
11. Mr. Vedula Venkata Ramana, learned senior counsel representing Mr. N. Naveen Kumar, learned counsel for the petitioner, by referring to the above said dates, more particularly, 05.03.2020, the KL,J Crl.P. No.943 of 2021 5 date on which the petitioner was added as accused No.5 in RC 01(A)/2020-CBI-HYD, would submit that the CBI has not completed the investigation in the said crime within time stipulated under Section 167 of Cr.P.C. and, therefore, the petitioner herein is entitled for statutory bail in accordance with procedure laid down under Section - 167 of Cr.P.C. He would further submit that to defeat the said right of the petitioner, the respondent authorities have filed the present application vide Crl.M.P.No.68 of 2021 under Section - 167 (2) of Cr.P.C., and according to him, the said application is not maintainable. Referring to Section - 167 of Cr.P.C. and also 267 of Cr.P.C., the learned senior counsel would submit that the present application filed by the respondent after one year is not maintainable.
The Respondent authorities have field the present application in order to defeat the right of petitioner for statutory bail which is violative of Articles - 21 and 22 of the Constitution of India.
12. Referring to Section - 267 of Cr.P.C., learned senior counsel would submit that the said Section deals with 'power to require attendance of prisoners'. Therefore, the CBI cannot file an application under Section - 167 (2) of Cr.P.C. seeking judicial remand of the petitioner after one year. He would further submit that the present petition viz., Crl.M.P. No.68 of 2021 filed by the CBI seeking the Court below to take the petitioner into judicial custody and remand him to judicial remand for a period of fifteen (15) days is also unknown to law and the same is not maintainable. They have filed the KL,J Crl.P. No.943 of 2021 6 present petition only to defeat the right of the petitioner to statutory bail.
SUBMISSIONS ON BEHALF OF RESPONDENT - CBI:
13. On the other hand, Mr. K. Surender, learned Special Public Prosecutor for CBI Cases, would submit that the petitioner was added as accused No.5 in RC 01(A)/2020-CBI-HYD on 05.03.2020. The CBI has filed an application under Section - 267 of Cr.P.C. vide Crl.M.P. No.1238 of 2020 seeking to issue PT Warrant for the purpose of examination / interrogation of the petitioner and the same was allowed on 12.03.2020 itself. The petitioner did not challenge the said order. He would further submit that the Court below has issued PT warrant directing the Jail Authorities, Tihar Jail to produce the petitioner herein on 24.03.2020. The petitioner did not challenge the said warrant. As per Rule - 20 (4) of the Delhi Prisons (Visitors of Prisons) Rules, 1988, no Police Officer shall be permitted to interrogate any prisoner except insofar as may be necessary for the identification of such prison, without an order in writing from the competent Court, addressed to the Superintendent. Therefore, due to prevailing circumstances on account of COVID-19, pandemic, the Jail Authorities could not produce the petitioner. He would further submit that however, the Jail Authorities, Tihar Jail, have produced the petitioner herein through Video Conferencing on 29.01.2021. On the said date, the CBI has also filed an application under Section - 167 (2) of Cr.P.C. vide Crl.M.P. No.68 of 2021 seeking judicial custody of the KL,J Crl.P. No.943 of 2021 7 petitioner and remand him. The Court below has directed the Tihar Jail Authorities to produce the petitioner through Video Conferencing again on 11.02.2021 and the present Crl.M.P.No.68 of 2021 was also posted to 11.02.2021 and it is adjourned to 24.02.2021 at present.
14. By referring to the same, and also by referring to Section - 167 (2) (b) of Cr.P.C., the learned Special Public Prosecutor would submit that no Magistrate shall authorize detention of accused in custody of the police under the said section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage. By referring to Section - 267 of Cr.P.C., the learned Special Public Prosecutor would further submit that as per the said Section, whenever in the course of an inquiry, trial or other proceeding under the Code, it appears to a Criminal Court; that a person confined or detained in a prison should be brought before the Court for answering to a charge of an offence, or for the purpose of any proceedings against him. By referring to the words "other proceeding under this Code", the learned Special Public Prosecutor would submit that 'other proceeding" would include the present proceedings. He would also submit that the petitioner herein has involved in about 20 cases. There are serious allegations against the petitioner herein. He was arrested and at present he is in Tihar Jail KL,J Crl.P. No.943 of 2021 8 from 16.04.2017. The bail orders were granted in many cases to the petitioner herein and in the event he is not taken into custody in the present crime, there is every possibility that he will be let off by Prison Authorities once he executes necessary bail bonds for his release. With the said contentions, the learned Special Public Prosecutor sought to dismiss the present petition. FINDING OF THE COURT:
15. The above stated submissions would reveal that there is no dispute that the petitioner was arrested on 16.04.2017 in Crime No.56 of 2017 pending on the file of Crime Branch, New Delhi, and at present he is in Tihar Jail.
16. The CBI, Hyderabad has registered a case in RC 01(A)/2020-CBI-HYD against accused Nos.1 and 2 on 16.01.2020.
During the course of investigation, they have added the petitioner herein as accused No.5 on 05.03.2020. They have also filed an application under Section - 267 of Cr.P.C. vide Crl.M.P. No.1466 of 2020 seeking to permit the Investigating Officer to interrogate the petitioner in Tihar Jail under Section - 267 of Cr.P.C. and the same was allowed on 11.01.2021. The CBI has also filed Crl.M.P. No.1238 of 2020 seeking a direction to the Superintendent of Police, Tihar Jail, Delhi to produce the petitioner herein for the purpose of investigation and the same was allowed on 12.03.2020. PT warrant was issued directing the Superintendent, Central Prison, Tihar Jail, Delhi to produce the petitioner on 24.03.2020. Due to prevailing KL,J Crl.P. No.943 of 2021 9 circumstances on account of COVID-19, pandemic, the Jail Authorities could not produce the petitioner. However, they have produced him through Video Conferencing on 29.01.2021, on which date, the CBI has also filed a petition under Section - 167 (2) of Cr.P.C. seeking judicial custody of the petitioner in the present case. The petitioner was further directed to produce through Video- conferencing on 11.02.201.
17. As stated above, the petitioner herein did not question the order dated 12.03.2020 in Crl.M.P. No.1238 of 2020 through which the Court below has directed the Superintendent, Central Prison, Tihar Jail, Delhi to produce the petitioner on 24.03.2020 in execution of PT warrant. It is also relevant to note that the petitioner herein did not challenge the order dated 11.01.2021 passed by the Court below in Crl.M.P. No.1466 of 2020, wherein the Jail Authorities, Tihar Jail are directed to permit the Investigating Officer in the present crime to examine / interrogate the petitioner for a period of two (02) days i.e. 19.01.2021 and 20.01.2021 on certain conditions. In fact the Jail Authorities have produced the petitioner - accused No.5 on 29.01.2021 through Video Conferencing. He was further directed to produce on 11.02.2021 through Video Conferencing. In proof of the same, the learned Special Public Prosecutor filed docket order dated 29.01.2021. The petitioner did not question the same.
18. Section - 167 of Cr.P.C. deals with the procedure when investigation cannot be completed in 24 hours. As per Section -167 KL,J Crl.P. No.943 of 2021 10 (2) (b), no Magistrate shall authorize detention in any custody under the Code unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage. Thus, it is also relevant to note that as per Section - 167 (2) (a), if Investigating Agency fails to complete investigation within 90 days from the date of arrest of petitioner wherein investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years, the accused is entitled to statutory bail.
19. Admittedly, the petitioner was arrested on 16.04.2017 in connection with Crime No.56 of 2017 and he is in Tihar Jail, Delhi at present. The petitioner was not in judicial remand in RC 01(A)/2020- CBI-HYD and, therefore, the CBI filed an application under Section - 167 (2) of Cr.P.C. vide Crl.M.P. No.68 of 2021 for judicial remand of the petitioner for a period of 15 days. The language used in Section - 267 of Cr.P.C. includes "other proceedings" under Cr.P.C. As discussed above, the petitioner herein did not challenge the orders passed by the Court below in Crl.M.P. Nos.1466 of 2020 and 1238 of 2020. It is also relevant to note that Jail Authorities have produced the petitioner herein before the Court below through Video Conferencing on 29.01.2021 itself. The said fact is not in dispute. They could not produce the petitioner herein physically due to present KL,J Crl.P. No.943 of 2021 11 prevailing circumstances on account of COVID-19, pandemic. In proof of the same, the learned Special Public Prosecutor for CBI Cases has filed docket proceedings dated 29.01.2021. The said orders are not challenged by the petitioner herein.
20. Prima facie, there are serious allegations against the petitioner herein. Several cases are registered against him and there is every possibility of Jail Authorities, Tihar Jail letting the petitioner off without investigation in the present crime. Admittedly, the Investigating Officer in the present crime was permitted to interrogate / examine the petitioner for two (02) days and accordingly a direction was given to the Superintendent, Tihar Jail, Delhi. The said order is also not under challenge. Thus, the said facts would reveal that investigation is not completed in the present crime and there are serious allegations against the petitioner. Therefore, there is no irregularity or illegality committed by the respondent - CBI in filing an application vide Crl.M.P. No.68 of 2021 under Section - 167 (2) of Cr.P.C. seeking judicial custody of the petitioner and remand him for a period of 15 days in RC 01(A)/2020-CBI-HYD.
21. It is relevant to note that the petitioner herein instead of opposing the said petition by filing counter raising all the contentions which he has raised in the present petition, filed the present petition challenging filing of petition itself as not maintainable. Thus, the petitioner failed to establish any ground for interference by this Court in exercise of powers under Section - 482 of Cr.P.C, to quash the KL,J Crl.P. No.943 of 2021 12 proceedings in Crl.M.P. No.68 of 2021 in RC No.1(A)/2020-CBI- HYD.
22. Accordingly, the present Criminal Petition is dismissed. As a sequel, miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.
_________________ K. LAKSHMAN, J 24th February, 2021 Mgr