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2024 Supreme(AP) 192

T. MALLIKARJUNA RAO
State of Andhra Pradesh – Appellant
Versus
Prathipati Sarath – Respondent


Advocates appeared:
Y.L Sivakalpana Reddy (SC CUM SPL PP,CID), Counsel for the Petitioner; Javvaji Sarath Chandra, Counsel for the Respondent

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The court emphasized that the grant of police custody should be an exception rather than a rule, requiring a strong case and thorough judicial scrutiny. The statutory provisions and limitations on police custody must be strictly adhered to (!) (!) .

  2. The petitioner/complainant sought police custody of the respondent/A.1, alleging involvement in serious economic offenses, fraud, and misappropriation of large sums of public money. The investigation by authorities such as DGGI had already been conducted, and the Magistrate found that the material did not justify further police custody (!) (!) (!) .

  3. The Magistrate rejected the police custody petition on the grounds that the allegations lacked sufficient merit and that the investigation was already comprehensive. The order was based on the absence of a strong case for custodial interrogation, especially considering the investigation conducted by the DGGI (!) (!) .

  4. The scope of the revision was limited to examining whether the order refusing police custody was legally correct, based on the material before the Magistrate. The court clarified that it would not reassess the facts or evidence in detail at this stage (!) (!) .

  5. The prosecution argued that the severity of the offenses and the necessity for a detailed investigation warranted police custody, especially given the financial nature of the allegations and the short duration of the respondent’s direct involvement in the company. They also highlighted that the investigation by DGGI was confined to specific tax evasion issues, and further custodial interrogation was deemed necessary (!) (!) .

  6. The respondent’s counsel contended that the parties were private entities with no direct contractual relationship with the government, and that the charges under certain sections of IPC and the CGST Act could not be substantiated at this stage. They also argued that the respondent’s involvement was limited and that the investigation had already been conducted extensively by the authorities (!) (!) .

  7. The court noted that the investigation had already covered substantial ground, including examining forged invoices, fake bills, and the diversion of government funds through shell companies. The findings indicated that the investigation was already at an advanced stage, and there was no illegality in the Magistrate’s order refusing police custody (!) (!) .

  8. The court ultimately upheld the Magistrate’s order, dismissing the revision, and confirmed that there was no illegality in the decision not to grant police custody. All pending miscellaneous applications were also closed (!) (!) .

In summary, the court reinforced the principle that police custody should be granted only in exceptional circumstances, with due judicial scrutiny, and found that in this case, the existing investigation was sufficient, and the order refusing police custody was correct and lawful.


ORDER

T. Mallikarjuna Rao, J. - This petition is filed by the Petitioner/Complainant under Sections 397 and 401 of Cr.P.C., seeking to set aside the Order dated 06.03.2024 in Crl.M.P.No.424 of 2024 in Crime No.63 of 2024 of Machavaram Police Station, Vijayawada City, passed by the learned I Additional Chief Metropolitan Magistrate, Vijayawada (for short, 'learned Magistrate').

2. Heard Smt. Y.L. Shivakalpana Reddy, learned Standing Counsel-cum-Special Public Prosecutor, appearing for the Petitioner/Complainant, and Sri B. Adinarayana Rao, learned Senior Counsel for the Respondent/A.1.

3. The Revision Petitioner/Complainant filed a petition under Section 167(3) of Cr.P.C., on behalf of the Prosecution before the Additional Chief Metropolitan Magistrate, Vijayawada, in Crl.M.P.No.424 of 2024 in Crime No.63 of 2024 of Machavaram Police Station, seeking an order granting Police custody of A.1 for ten days, with the following allegations, which are as under:

    (i) The Respondent/A.1 was an Additional Director of M/s.Avexa Corporation Pvt. Ltd., whose father is an Ex-Minister in the previous Government, indulged in unethical practices, conspired with the other Accused, who created Shell compan

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