JUDGMENT

S.B. Sinha, J.—

Leave granted.

1. Whether with the change of an investigating authority, police custody of the accused on remand can be sought for, although cognizance of the offence had already been taken, is the question involved herein.

2. It arises out of a judgment and order dated 5th September, 2009 passed by the High Court of Gujarat at Ahmedabad in Criminal Revision Application No.482 of 2008 setting aside an order dated 23rd May, 2008 passed by the learned Second Additional Sessions Judge, Himatnagar in Sessions Case No.70 of 2002.

3. Shorn of all unnecessary details the fact of the matter is as under :-

Appellants had been prosecuted for commission of an offence under Sections 302/307/395/396/397/201/435/324/143/147/148/149/153-A/341/337/427 and 120-B of the Indian Penal Code as also under Section 135 of the Bombay Police Act.

4. The occurrence in which the appellant is involved is said to have taken place on 20th August, 2002 at Vadvasa Patia Village near Prantij. A first information report was lodged on the same date. During course of investigation all the six appellants were arrested.

5. Indisputably, they were remanded to police custody in terms of sub-sectio