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(B) That this Hon'ble Court be pleased to declare and set-aside the remand order dated 23/2/24 passed by the Ld.Special Judge, MPID Court, Greater Bombay, null and void and further all the subsequent M.M.Salgaonkar 2/23 WPST-13835-24.odt remands as the same being passed in complete violation of all the constitutional mandates i.e. failure to comply with Section 50 of Code of Criminal Procedure being violative of the fundamental rights of the petitioner guaranteed under the Constitution of India. (C) That this Hon'ble Court be pleased to direct the release of the petitioner in F.I.R.no.68/2020, vide special MPID case no.796 of 2023 of Malad Police Station, pending on the files of Special Judge, Greater Mumbai. 

M.M.Salgaonkar





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On completion of investigation, on 22/05/2024, the charge-sheet was filed against the Petitioner.

4. We need not go into the accusations levelled against the Petitioner on its merits as the Petition filed is positioned on a claim, that his arrest on 22/02/2024 is illegal and is in gross violation of the rights conferred on him under the Constitution of India, rendering the subsequent remand orders as null and void, as there is abject failure to comply with the provision in Section 50 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C."). The Petitioner, therefore, seeks declaration of the arrest as illegal and we would focus upon this very issue and refrain ourselves from entering into the merits of the accusations crystallized into the charge-sheet against the Petitioner. 




M.M.Salgaonkar





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The arrest form reflect that while arresting, he was identified by API Kapse and column No.8 record that the information about the arrest was given to his mother, Laxmi Pandurang Naik. The station diary entry record that since the anticipatory bail application of the accused came to be rejected and since his involvement in the C.R. is evident, after apprising him of the reasons for arrest, he is arrested and the necessary entries are taken in the Register and the information about his arrest is given to his mother. It also record that at the time of effecting the arrest, the directives issued by Hon'ble Apex Court have been strictly complied with. 


1    2023 Live Law (SC) 844


M.M.Salgaonkar





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Another decisions from the Apex Court, making the law as laid down in Pankaj Bansal applicable to all arrest, is also relied upon by Mr.Bhuta and this is a decision in the case of Prabir Purkayastha Vs. State (NCT of Delhi) delivered by the Division Bench of the Apex Court, on 15/05/2024.

According to Mr.Bhuta, these two decisions has put a seal on the procedure to be followed, when a person accused of any offence is arrested and it being settled that the grounds of his arrest shall be communicated to him in writing, Mr.Bhuta would submit that in absence of such compliance, his arrest is vitiated and this is irrespective of the fact that on completion of investigation, the charge-sheet is filed in the competent count.