Supreme Court of India · 2015-08-21
CENTRAL BUREAU OF INVESTIGATION vs RATHIN DANDAPATH .
- Citation / case number
- SC 2015/10138
- Court
- Supreme Court of India
- Petitioner
- CENTRAL BUREAU OF INVESTIGATION
- Respondent
- RATHIN DANDAPATH .
- Author
- PRAFULLA C. PANT DIPAK MISRA
- Bench
- PRAFULLA C. PANT DIPAK MISRA
Judgment text excerpt
The Supreme Court addressed the legal question of whether an absconding accused, arrested post-charge sheet filing, can be remanded to police custody. The Court held that such remand is impermissible under the provisions of the Code of Criminal Procedure, 1973, specifically referencing Section 167, which governs the detention of accused persons. Consequently, the appeals by the Central Bureau of Investigation were dismissed, affirming the lower court's decision regarding the custody of the absconding accused.