Case Note & Summary
The matter arose from a writ petition filed before the High Court of Judicature at Bombay under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, an accused in Crime No.1217 of 2024 registered with Kasarwadavali Police Station, Thane, for offences under Sections 420, 465, 467, 468, 120(B) and 34 of the Indian Penal Code, challenged the legality of his arrest and remand. The petitioner alleged that he was arrested on 16 August 2024 from a hotel in Palanpur, Gujarat, at 6:30 a.m., but the formal arrest was shown at the EOW office, Thane, at 2:20 p.m. He was then brought to Mumbai by flight and produced before the Magistrate on 17 August 2024 at 2:50 p.m., nearly 32 hours after arrest, without being furnished grounds of arrest and without obtaining transit remand from the local Magistrate in Gujarat. The petitioner contended that these actions violated Sections 50 and 57 of the Code of Criminal Procedure, 1973, and Article 22 of the Constitution of India. He further submitted that his anticipatory bail application was posted for final hearing on 16 August 2024, the same day he was arrested, rendering it infructuous, and alleged mala fide conduct by the investigating machinery. The petitioner prayed for a writ of habeas corpus or direction declaring the arrest illegal, quashing of the remand orders dated 17 August 2024, 19 August 2024 and 22 August 2024, and release on interim bail. The underlying facts of the case involved allegations of cheating and forgery in relation to sale deeds of four flats in Dream Heritage Building, Ulve, Navi Mumbai, where the original complainant claimed to have been defrauded of Rs.7,67,35,233. The court issued Rule and made it returnable forthwith, hearing the matter finally on 16 April 2025. The provided excerpt of the judgment does not include the final operative order or reasoning, as it ends during the petitioner's grounds. Therefore, no final decision, ratio decidendi, or direction can be extracted from the available text.
Headnote
A) Criminal Procedure - Arrest and Detention - Legality of Arrest - Code of Criminal Procedure, 1973, Sections 50, 57; Constitution of India, Article 22 - Petitioner alleged he was arrested at hotel Wayin Palanpur, Gujarat, at 6:30 a.m. on 16.08.2024, but formal arrest was shown at EOW office Thane; no grounds of arrest were furnished; he was produced before Magistrate after 32 hours, beyond 24 hours, violating Section 57 CrPC and Article 22. Court issued Rule and heard matter finally; final decision not included in provided excerpt (Paras 4-6).
B) Criminal Procedure - Remand - Legality of Remand Orders - Code of Criminal Procedure, 1973, Section 57; Bharatiya Nagarik Suraksha Sanhita, 2023, Section 58 - Petitioner sought quashing of remand orders dated 17.08.2024, 19.08.2024 and 22.08.2024 on ground that arrest was illegal and he was produced after 32 hours; matter considered under Article 226 and Section 482 CrPC; final order not included in provided excerpt (Paras 3-6).
C) Criminal Procedure - Anticipatory Bail - Infructuous Proceedings - Code of Criminal Procedure, 1973, Section 438 - Petitioner's anticipatory bail application was posted for final hearing on 16.08.2024, the day he was arrested from Palanpur, Gujarat, rendering application infructuous; he alleged mala fide conduct by investigating agency; this formed part of grounds for illegal arrest (Para 6).
D) Criminal Procedure - Habeas Corpus - Maintainability - Constitution of India, Article 226; Code of Criminal Procedure, 1973, Section 482 - Petitioner invoked writ of habeas corpus to declare arrest illegal and sought interim bail; court issued Rule and heard finally; final decision not included in provided excerpt (Paras 3-5).
Issue of Consideration
Whether the arrest of the petitioner was illegal for violation of Sections 50 and 57 of Code of Criminal Procedure, 1973, and Article 22 of the Constitution of India; whether absence of transit remand from Gujarat and production beyond 24 hours vitiated the detention; whether remand orders dated 17.08.2024, 19.08.2024 and 22.08.2024 were liable to be quashed; and whether the petitioner was entitled to interim bail.
Final Decision
Not mentioned in provided excerpt
Law Points
- Habeas corpus
- illegal arrest
- non-compliance with Sections 50 and 57 CrPC
- violation of Article 22
- absence of transit remand
- production beyond 24 hours
- quashing of remand orders
- interim bail
Case Details
2025 LawText (BOM) (04) 144
Writ Petition No.139 of 2025 with Interim Application (ST.) No.2949 of 2025 and Interim Application (ST.) No.5872 of 2025
Ravindra V. Ghuge, Ashwin D. Bhobe
Mr. Niranjan Mundargi, Mr. Rishi Bhuta, Mr. Pranav Pokale, Mr. Aditya Bagar, Advocate Keral Mehta, Mr. Ashish Dubey, Ms. Ankita Bamboli, Ms. Vaishnavi Javheri, Ms. Saakshi Jha, Mr. Prateek Dutta, Mr. Chinmay Sawant, Ms. Sharmila Kaushik, Mr. Sanjeev P. Kadam, Mr. Prashant Raul, Ms. Varsha Milind Thorat, Mr. Mohan Kumbhar, Mr. Dilip Shinde, Mr. Nitin Sejpal, Ms. Pooja Sejpal, Ms. Akshata Desai, Mr. Sahir Patel, Mr. Siddharth Gharat, Mr. Sameer G.
Mr. Kaushik Rameshchandra Thakkar @ Anam
State of Maharashtra Through PI Kasarwadavali Police Station & EOW Thane
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking a writ of habeas corpus, declaration of illegal arrest, quashing of remand orders, and interim bail.
Remedy Sought
The petitioner sought a writ of habeas corpus or direction declaring his arrest in Crime No.1217/2024 illegal, quashing and setting aside remand orders dated 17 August 2024, 19 August 2024 and 22 August 2024, and release on interim bail.
Filing Reason
The petitioner alleged that his arrest on 16 August 2024 was illegal because he was arrested without grounds being furnished, produced before the Magistrate after 32 hours in violation of Section 57 CrPC and Article 22, and no transit remand was obtained from Gujarat.
Previous Decisions
Anticipatory Bail Application No.1307 of 2024 filed by the petitioner before the Sessions Court, Thane, became infructuous due to his arrest on 16 August 2024. The Magistrate, Thane, passed remand orders on 17 August 2024, 19 August 2024 and 22 August 2024, granting police custody remand (PCR) and later magisterial custody remand (MCR).
Issues
Whether the arrest of the petitioner was illegal for non-compliance with Sections 50 and 57 of the Code of Criminal Procedure, 1973, and Article 22 of the Constitution of India.
Whether the petitioner's production before the Magistrate after 32 hours vitiated the arrest and remand.
Whether absence of transit remand from the local Magistrate in Gujarat rendered the arrest illegal.
Whether the remand orders dated 17 August 2024, 19 August 2024 and 22 August 2024 were liable to be quashed.
Whether the petitioner was entitled to interim bail pending disposal of the petition.
Submissions/Arguments
The petitioner was arrested from hotel Wayin Palanpur, Gujarat, at 6:30 a.m. on 16 August 2024, but formal arrest was shown at EOW office Thane at 2:20 p.m.
No grounds of arrest were furnished to the petitioner at the time of arrest.
The petitioner was produced before the Magistrate on 17 August 2024 at 2:50 p.m., nearly 32 hours after arrest, violating Section 57 CrPC and Article 22 of the Constitution.
No transit remand was obtained from the local Magistrate at Palanpur, Gujarat, and no prior permission for extra-territorial travel was sought.
The anticipatory bail application of the petitioner was posted for final hearing on 16 August 2024, the same day he was arrested, rendering it infructuous, which indicated mala fide conduct by the investigating agency.
The station diary and arrest memo lacked details of the petitioner's time and place of arrest and grounds of arrest.
Ratio Decidendi
Not mentioned in provided excerpt
Judgment Excerpts
After examining the facts, circumstance and remand order passed by the Ld. Magistrate Thane be pleased to issue writ of habeas corpus or any other appropriate writ or direction under Article 226 of the Constitution of India and section 482 of Criminal Procedure Code 1973 (528 of BNSS), thereby declaring the arrest of the Petitioner in Crime No.1217/2024, registered with Kasarwadavli Police Station, under section 420, 465, 467, 468, 120(B), 34 of Indian Penal Code to be illegal
It is submitted by the Petitioner that the Anticipatory bail final hearing was posted on 16th August 2024. That on the same day of the final hearing of the Anticipatory Bail Application bearing No.1307/2024, the Petitioner was arrested from hotel Wayin Palanpur, State of Gujrat by the investigation agency in the morning at around 6:30 AM on 16th August 2024.
That the Petitioner was produced before the Ld. Magistrate on 17th August 2024 at 2.50 PM, which is nearly after 32 Hours of arrest/detention.
Procedural History
FIR No.1217 of 2024 registered on 26 July 2024 at Kasarwadavali Police Station under Sections 420, 465, 467, 468, 120(B) and 34 of the Indian Penal Code. Petitioner filed Anticipatory Bail Application No.1307 of 2024 before Sessions Court, Thane, on 25 July 2024. Petitioner arrested on 16 August 2024 at 2:20 p.m. and produced before Magistrate on 17 August 2024 at 2:50 p.m., where police custody remand was granted. Remand orders passed on 17 August 2024, 19 August 2024 and 22 August 2024; on 22 August 2024 magisterial custody remand was granted. Petitioner presently in judicial custody at Thane Central Prison. Writ petition filed in 2025; Rule issued and made returnable forthwith; heard finally on 16 April 2025.
Acts & Sections
- Indian Penal Code, 1860: 420, 465, 467, 468, 471, 120(B), 34
- Code of Criminal Procedure, 1973: 50, 57, 482
- Bharatiya Nagarik Suraksha Sanhita, 2023: 47, 58, 528
- Constitution of India: Article 22, Article 226
