The main legal point established in the judgment is that police custody cannot be granted beyond the first 15 days of remand, as prescribed in Section 167(2) of the Criminal Procedure Code.

1. This revision has been directed by the defacto complainant in Cr. No. 246 of 2012 registered as against the order of the learned XI Metropolitan Magistrate, Saidapet, Chennai rejecting C.M.P. No. 2097 of 2014 filed by the police (first respondent) seeking police custody of A-1 (2nd respondent) for 7 days.

2. Noticing the following factual matrix is suffice for the disposal of this revision.

(1) A-1 Varun Kumar(second respondent) is the son of A-2 and A-3 viz., Prof. Veerasekaran and Kalpana. A-1 was preparing for Civil Service examination. So also Priyadarshini (defacto complainant). They met at a Training Institute. Friendship developed between them. They become very close. They become lovers. It is expected that A-1 will marry her. A-1 alone became successful in the Civil Service examination. He was selected for I.P.S (Indian Police Service) and was allotted to Tamilnadu cadre. He became a trainee I.P.S. Officer. There are allegations that he and his parents demanded dowry and harassed the defacto complainant. Thereafter, no love last between A-1 and Priyadarshini. She lodged complaint against A-1 and his parents. A case in Cr. No. 246 of 2012 for the offences under section 406, 417, 420, 506(i) of I.P.C. and under section 4 of the Tamil Nadu Prevention of Women Harassment Act and Section 66 of Information Technology Act has been registered. It is being investigated into.

(2) In this Court, in Crl.O.P. No. 11387 & 11108 of 2012, A-1 to A-3 have sought for anticipatory bail. On 4.6.2012, this Court directed A-1 to produce his cell phones and laptop to the Investigation Officer and the Investigation Officer to file his report and also directed the police not to arrest A1 to A3. On 20.7.2012, the Investigation Officer filed status report to the effect that A-2 produced two Cell phones, they did not tally with the I.M.E. number obtained from the service provider and thus, A-1 not obeyed the Court order. On 21.9.2012, after hearing both sides, this Court granted them anticipatory bail.

(3) The said order, dated 21.9.2012 was challenged by the defacto complainant before the Hon’ble Supreme Court in Crl. A. No. 416-417 of 2014. The Investigation Officer filed counter and additional counter before the Hon’ble Supreme Court reiterating the substance of her status report already filed before this Court and also stated that A-1 has not co-operated with the Investigation Officer.

(4) In the circumstances, on 14.2.2014, the Hon’ble Supreme Court set aside the anticipatory bail granted to A-1 and gave him liberty to approach the appropriate Court for regular bail.

(5) Under these circumstances, on 28.4.2014, A-1 surrendered before the learned XI Metropolitan Magistrate, Saidapet, Chennai. On the same day, the Investigation Officer filed C.M.P. No. 2097 of 2014 under section 167(2) of Cr.P.C. seeking his police custody for 7 days. In the affidavit, the Investigation Officer stated that A-1 has not produced the case properties, namely cell phones, in view of its non-production investigation could not be completed and his custodial interrogation is very much required to complete the investigation. When enquired, A-1 told the Magistrate that as he had already appeared before the Investigation Officer for 45 days he is not willing to go to police custody.

(6) On 29.4.2014, the learned Magistrate turned down the request of the Investigation Officer on the ground that it is belated, A-1 is not willing to go to police custody and for the non-production of cell phones police custody could not be given.

(7) The said order was not challenged by the State. It was challenged by the defacto complainant in this revision.

3. According to the learned counsel for the revision petitioner, the revision petitioner is the defacto complainant in this case. She is interested in the collection of required evidence (investigation). A-1 is in possession of certain vital physical evidence. He knows very many things connected with this case. Thus, his custodial interr