HYDERABAD: The Principal Special Court for CBI cases remanded Kadapa MP YS Jagan Mohan Reddy to judicial custody not under the Section which was mentioned by the CBI in its remand report but only on the grounds that there is a prima facie case of his (Jagan Mohan Reddy's) interference with the witnesses and tampering of evidence.The CBI filed the report under Section 167 of CrPC in crime number 19 (A)/2011 stating that Jagan Mohan Reddy was arrested on the ground that there are reasonable grounds to believe that the accused by virtue of his status as MP and also as head of the YSR Congress party is in a position to influence the witnesses and tamper with the evidence.Under Section 167 of CrPC, the investigators can also seek custody of the accused for further investigation and the same was also filed by the CBI.In his orders, Principal Special Judge A Pullaiah said the CBI filed a chargesheet against Accused No 1 (Jagan Mohan Reddy) on March 31. The chargesheet was taken into cognisance and summons issued to the accused on April 27. Two more chargesheets were also filed."In view of the filing of chargesheet on March 31 and taken cognisance of the offences against the accused and as such summons also issued against the accused for his appearance on this day, it is deemed that entire investigation is completed. Since entire investigation is completed remand of accused under Section 167 CrPC cannot be ordered," the judge said.The judge also pointed out that Section 309 CrPC comes into operation after taking cognisance and not during the period of investigation."The remand must be only under Section 309 CrPC as the investigation is completed. Therefore, the remand of the accused under Section 167 CrPC does not arise in the case," Pullaiah said.The judge, however, said that court belives that there is a prima facie case of his (Jagan Mohan Reddy's) interference with the witnesses and tampering of evidence and there is a necessity to order judicial custody and issued orders accordingly.
Comments
0 comment