Allahabad High Court
Devendra Kumar Jain vs Union Of India And Another on 8 May, 2024
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:83059-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 5718 of 2024 Petitioner :- Devendra Kumar Jain Respondent :- Union Of India And Another Counsel for Petitioner :- Vikrant Rana Counsel for Respondent :- A.S.G.I.,Parv Agarwal Hon'ble Siddharth,J.
Hon'ble Surendra Singh-I,J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and Sri Parv Agarwal, learned counsel for the respondent no. 2.
2. This writ petition has been filed praying for following relief to :
(i) issue an appropriate writ, order or direction, calling for records and to quash and set-aside the illegal arrest of the petitioner made purportedly under Section 69 of CGST Act, 2017, formally recorded vide impugned arrest memo dated 28.02.2024 in DGGI/INT/INTL Case No. 270 of 2024 and illegally sanctioned by the Additional Director General on the same date, for violation of the statutory and constitutional safeguards. (as contained in Annexure No. 1 to this petition)
(ii) issue an appropriate writ, order or direction, calling for records and to quash and set-aside the wholly mechanical, patently illegal and manifestly arbitrary remand of the petitioner by the court of learned Special Chief Judicial Magistrate, Meerut vide impugned order dated 29.02.2024 and continuation thereof, in DGGI/INT/INTL Case No. 270 of 2024 for violation of the statutory and constitutional safeguards and non-compliance with the mandatory obligations as laid down by the Hon'ble Supreme Court in Para 100, 100.2 and 100.3 of Satendra Kumar Antil Vs. CBI, (2002) 10 SCC 51 and in Para 8, 8.1 and 8.2 of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273, in the context of grant of remand under Section 167 Cr.P.C. (As contained in Annexure No. 2 to this petition)
(iii) issue an appropriate writ, order or direction directing forthwith unconditional release of the petitioner from illegal custody.
(iv) issue any other and further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstance of the case.
(v) award the cost of writ petition.
3. Learned counsel for the respondent no. 2 informs that bail application of the petitioner has already been rejected by the court of Chief Judicial Magistrate. He has next submitted that the petitioner has remedy of applying further for bail before Sessions Judge concerned.
4. This Court finds that no relief can be granted to the petitioner in this writ petition.
5. Accordingly, the writ petition is dismissed.
Order Date :- 8.5.2024 KS (Surendra Singh-I,J.)(Siddharth,J.)