Supreme Court - Daily Orders
E. Velu vs The State Rep. By Inspector Of Police on 19 October, 2023
Bench: Vikram Nath, Rajesh Bindal
REVISED FOR APPEARANCE
ITEM NO.4 COURT NO.12 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 9668/2021
(Arising out of impugned final judgment and order dated 25-11-2021
in CRLOP No. 21985/2021 passed by the High Court of Judicature at
Madras)
E. VELU & ORS. Petitioner(s)
VERSUS
THE STATE REP. BY INSPECTOR OF POLICE & ANR. Respondent(s)
(IA No. 63359/2022 - APPLICATION FOR PERMISSION
IA No. 162999/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 25718/2022 - EXEMPTION FROM FILING O.T. IA No. 25716/2022 - EXEMPTION FROM FILING O.T. IA No. 162997/2021 - EXEMPTION FROM FILING O.T. IA No. 52782/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 33256/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 3155/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 143008/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 58448/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 19-10-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr.V.K. Shukla, Sr. Adv.
Mr. P.B.Suresh, Adv.
Mr. Vipin Nair, AOR Mr. V.Ramesh, Adv.
Mr. Arindam Ghosh, Adv.
Mr. Anshumaan Bahadur, Adv.
Mr. P.B.Sashaankh, Adv.Signature Not Verified
Digitally signed by SONIA BHASIN Date: 2023.10.21 For Respondent(s) 12:07:43 IST Reason: Mr. V. Krishnamurthy, Sr. A.A.G. Dr. Joseph Aristotle S., AOR Ms. Shubhi Bhardwaj, Adv.
1 Ms. Richa Vishwakarma, Adv.
Ms. R. Shase, AOR UPON hearing the counsel the Court made the following O R D E R There is a serious issue as to whether the petitioners are fully cooperating in the investigation or not and are taking shelter under the interim protection granted to them.
Learned counsel for the State of Tamil Nadu submits that there is a non-cooperation whereas the specific case of the petitioners are that they have been participating in the investigation, as and when they are called and all the documents have been provided.
In response, learned counsel for the State of Tamil Nadu submitted that there are list of documents which despite being informed, the petitioners have not provided and as a result the police report under Section 173(2) Cr.P.C. has still not been filed. If that be so, we leave it open for the Investigating Officer to apply before the Court concerned for custodial interrogation of the petitioner and if the court concerned is satisfied that the custodial interrogation is required, it will grant police remand for as many days, as may be necessary. However, if the concerned Court finds that 2 the custodial interrogation is not necessary, it may dispose of the application for police remand accordingly.
Before applying for police remand, the Investigating Officer shall communicate to the petitioners the documents that are required from them.
With the aforesaid liberty, we adjourn this matter for a period of six weeks. Let the matter be listed thereafter.
The interim protection provided vide order dated 17th December, 2021 will stand modified to the aforesaid extent.
(SONIA BHASIN) (RANJANA SHAILEY)
COURT MASTER (SH) COURT MASTER (NSH)
3
ITEM NO.4 COURT NO.12 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 9668/2021 (Arising out of impugned final judgment and order dated 25-11-2021 in CRLOP No. 21985/2021 passed by the High Court of Judicature at Madras) E. VELU & ORS. Petitioner(s) VERSUS THE STATE REP. BY INSPECTOR OF POLICE & ANR. Respondent(s) (IA No. 63359/2022 - APPLICATION FOR PERMISSION IA No. 162999/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 25718/2022 - EXEMPTION FROM FILING O.T. IA No. 25716/2022 - EXEMPTION FROM FILING O.T. IA No. 162997/2021 - EXEMPTION FROM FILING O.T. IA No. 52782/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 33256/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 3155/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 143008/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 58448/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 19-10-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. P.B.Suresh, Adv.
Mr. Vipin Nair, AOR Mr. V.Ramesh, Adv.
Mr. Arindam Ghosh, Adv.
Mr. Anshumaan Bahadur, Adv.
Mr. P.B.Sashaankh, Adv.
For Respondent(s) Mr. V. Krishnamurthy, Sr. A.A.G. Dr. Joseph Aristotle S., AOR Ms. Shubhi Bhardwaj, Adv.
Ms. Richa Vishwakarma, Adv.
4 Ms. R. Shase, AOR UPON hearing the counsel the Court made the following O R D E R There is a serious issue as to whether the petitioners are fully cooperating in the investigation or not and are taking shelter under the interim protection granted to them.
Learned counsel for the State of Tamil Nadu submits that there is a non-cooperation whereas the specific case of the petitioners are that they have been participating in the investigation, as and when they are called and all the documents have been provided.
In response, learned counsel for the State of Tamil Nadu submitted that there are list of documents which despite being informed, the petitioners have not provided and as a result the police report under Section 173(2) Cr.P.C. has still not been filed. If that be so, we leave it open for the Investigating Officer to apply before the Court concerned for custodial interrogation of the petitioner and if the court concerned is satisfied that the custodial interrogation is required, it will grant police remand for as many days, as may be necessary. However, if the concerned Court finds that 5 the custodial interrogation is not necessary, it may dispose of the application for police remand accordingly.
Before applying for police remand, the Investigating Officer shall communicate to the petitioners the documents that are required from them.
With the aforesaid liberty, we adjourn this matter for a period of six weeks. Let the matter be listed thereafter.
The interim protection provided vide order dated 17th December, 2021 will stand modified to the aforesaid extent.
(SONIA BHASIN) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH) 6