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Chopra murder: Custodial interrogation of Sangram granted
8/3/2010 11:24:52 PM
EARLY TIMES REPORT
Jammu, Aug 3 (JNF):- In a much publicised murder of Chopra family, Principal Sessions Judge, Jammu, today Ashok Kumar granted custody of kingpin of Pradhi Gang Sangram Singh to Jammu police for custodial interrogation.
Principal Sessions, Jammu, A.K. Shan after hearing both the sides and examined the challan file as well as CD file submitted by Investigating Officer, the Counsel for the accused submitted that application filed U/s 173(8) Cr.P.C is not maintainable. He also made reference to Section 344 of the State Cr.P.C and contended that as per later section, accused can not be remanded to Police custody as this section makes reference to a matter pending trial. He next argued that this court can not pass any order remanding the accused to Police custody which power only vests in a Judicial Magistrate. He made reference to issuance of warrant of production and submitted that this court has only summoned the accused Sangram Singh to face trial in the case pending before this court, so this court can not hand over the custody of accused to Police
On the other hand, Sr. Adv Sunil Sethi, appearing for the state after taking this court through language used in both sections supra submitted, especially by pointing to the explanation appended to Section 344 Cr.P.C that this court has jurisdiction to hand over the accused to police for further investigation.
As per the record, Sangram Singh is kingpin of the crime who in association with other accused persons has committed horrible murder of the family members of deceased Rajinder Bhushan Chopra, who was a cement tycoon in Jammu region. Accused persons not only eliminated the whole family members of Rajinder Bhushan Chopra but also looted about 48 lacs of rupees which have not been recovered till date. As per the CD file from the statement of approver, it is only the accused Sangram Singh or his brother who can help the police in effecting the recovery of stolen money and weapon of offence used for the commission of offence .For this purpose, custodial interrogation of accused Sangram Singh is required.
Court also in agreement with Special PP Mr. Sunil Sethi that accused Sangram Singh had no personal revenge with deceased Rajinder Bhushan Chopra and his family members so involvement of rival of deceased and his family members in the crime is not ruled out .In this background, custodial interrogation of accused Sangram Singh is also required to know as to who are the persons, who hired the services of accused persons for committing heinous crime. If the prayer of the IO is not allowed, it will definitely have adverse impact in the endeavor of the police and court to book and punish real culprit of the crime.
With these observations, Court allowed the application of Jammu police and accused Sangram Singh who was present in custody before this court is handed over to the Investigating Officer for custodial interrogation for 14 days .The accused shall be brought back to this court after expiry of above said period for further orders. So far as the question of sending the accused to Guna (MP) to face trial of the cases pending there is concerned, an appropriate order will be passed after the accused is brought back by the Police after expiry of custodial remand. JNF
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