NDLI: Pradeep Ram Vs. The State of Jharkhand & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	investigating agency sought permission Arrest of accused on bail ss. 437(5) and 439(2) Remand of accused to judicial custody
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Criminal Procedure, 1973: ss. 437(5) and 439(2) – Arrest of accused who was on bail – After addition of further cognizable and non-bailable offence – Whether permissible without seeking cancellation of the bail earlier granted – Held: The court in exercise of power u/ss. 437(5) and 439(2) can direct arrest of accused who was already on bail, after addition of graver and non-cognizable offences, even without cancelling earlier bail – It is not open to the investigating authority to proceed to arrest without the permission of the Court, on addition of further offences – In the present case, the investigating agency had approached the Court seeking arrest of the accused after addition of further offences – There was no error in the procedure adopted by Special Judge in remanding the accused to judicial custody. s. 167 and 309(2) – Remand of accused to judicial custody – In a case where cognizance has already been taken by the Chief Judicial Magistrate – Whether has to be in exercise of power u/s. 167 or u/s. 309(2) – Held: Accused can be remanded u/s. 167(2) during investigation till cognizance is taken by the Court – After cognizance has been taken and the accused was in custody at the time of taking cognizance or when inquiry or trial was being held in respect of him, he can be remanded to judicial custody only u/s. 309(2) – Thus, in the present case, accused could have been remanded only u/s. 309(2)– However, the remand order in the present case, does not mention the provision under which remand was granted – Therefore, the remand order has to be treated as order passed in exercise of power u/s. 309(2). FIR: Re-registration of FIR – After addition of offences under Unlawful Activities (Prevention) Act, to the FIR – Whether barred being a second FIR – Held: Second FIR with regard to the same offences is barred – But, in the facts of the present case, reregistration of the FIR cannot be called second FIR – It was, in fact, re-registration of FIR to give effect to the provisions of National Investigation Agency Act – Therefore, re-registration of FIR was not barred. Investigation: Further investigation – By National Investigation Agency (NIA) – On addition of further offences under Unlawful Activities (Prevention) Act, 1967 in the FIR – After investigation in the previous FIR was over – Permissibility – Held: Investigation by NIA was permissible as offences under 1967 Act were not added when charges were framed in the previous FIR – Even u/s. 173(2) of Cr.P.C., it is open to the police authorities to conduct further investigation and submit a report u/s. 173(8) – There was no lack of jurisdiction in NIA to carry on further investigation and submit a supplementary report in the facts of the present case – Criminal Procedure Code, 1973 – s. 173(2) and (8).
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 706
Petitioner	Pradeep Ram
Respondent	The State Of Jharkhand & Anr.
SCR	[2019] 8 S.C.R. 824
Judgement Date	2019-07-01
Case Number	816

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