Decided on February 02,1971

COLLA RAMULU Respondents


- (1.) This reference is made by the learned Principal Sessions Judge Hyderabad, recommending that the order of the Magistrate refusing the handing over of the accused to the Police for purposes of recovery of a knife, is set aside. In P.R.C. No. 16 of 1970, the Police had filed a charge-sheet alleging that on 5th June, 1970 at about 7-45 P.M., the respondent along with others formed into an unlawful assembly with the common object of causing deaths to Pottisatti Krishna and Sambaiah and committed' noting, in the course of which Sambaiah was stabbed as a result of which he died The respondent, after the commission of the crime, was said to be absconding In the meantime, when the investigation was completed by the Police, a charge sheet was filed on 4th July, 1970, against 16 persons and this respondent was shown as absconding, but it appears that on 21st August, 1970, the respondent appeared and surrendered himself to the II Citv Magistrate. A petition for releasing him on bail was also filed and a notice was given to the Assistant Public Prosecutor and the case was posted for hearing ne day. On behalf of theprosecution C M.P.NO. 547 of 1970 was filed requesting the Court to handover the respon dent to the custody of the Police for the recovery of the knife which was alleged to have been used in the course of stabbin the deceased.
(2.) The learned Magistrate took a view that the Court must be satisfied that handing over of the accused to the custody of the Police was necessary before an order" is made but in the present case it was the view of the learned Magistrate that in the bail application it was stated that the respondent was falsely implicated due to enmity and the question of recovery did not arise. Further, the learned Magistrate observed that the investigation in the case was completed as mentioned in the charge-sheet and when once the accused was remanded to judicial custody, the question of remanding him to Police custody does not arise.
(3.) The learned Session Judge, before whom a revision petition was filed against the order of the Magistrate, has taken a view that the filing of a charge-sheet does not preclude the prosecution from further investigation of the case, and under section 344, Criminal Procedure Code the Court can always, if it thinks necessary, remand the case to the custody of the Police for further investigation.;

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