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Head Note

The Code of Criminal Procedure, 1973  - Section 167 (2)

Police Remand - Further Investigation - Charge sheet filed against other accused - Absconder accused - Arrest - Further investigation - Police remand - Held that police remand can be sought under Section 167(2) CrPC in respect of an accused arrested at the stage of further investigation, if the interrogation is needed by the investigating agency - Expression 'accused if in custody' in Section 309(2) CrPC does not include the accused who is arrested on further investigation before supplementary charge sheet is filed - Refusal of police remand held to be against the settled principle of law - Impugned orders passed by the High Court, affirming the orders of the Additional Chief Judicial Magistrate liable to be set aside - Ld. Magistrate directed to pass fresh orders on the applications made by the appellant before it relating to granting of police remand of the respondents in accordance with law.

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