Case Note & Summary
The petitioner, Hanumant Jagganath Nazirkar, filed a writ petition under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, seeking a writ of habeas corpus to declare his arrest in C.R. No.128/2023 registered with Baramati Taluka Police Station as illegal. The case was registered under Sections 420, 467, 468, 471 read with 34 of the Indian Penal Code, 1860, for offences relating to cheating, forgery of documents, and using forged documents as genuine. The petition also challenged the legality of the remand order passed by the magistrate. The High Court issued rule and, with the consent of both parties and completion of pleadings, took the matter for final hearing at the admission stage itself. The petition contended that the arrest was made without following mandatory procedural requirements under the Code of Criminal Procedure. The State was represented by an additional public prosecutor. The court reserved the matter on 23 June 2025 and pronounced the judgment on 27 June 2025. The outcome of the petition is not included in the provided text.
Issue of Consideration
Whether the arrest and remand of the petitioner in C.R. No.128/2023 were illegal and in violation of the provisions of the Code of Criminal Procedure, 1973.
Case Details
2025 LawText (BOM) (06) 84
Writ Petition No. 54 of 2025
M.S. Sonak, Jitendra Jain
Manoj Mohite, Pranav Pokale, Priyanka Chavan, Aditya Bagal, Chinmay Sawant, S. V. Gavand
Hanumant Jagganath Nazirkar
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Nature of Litigation
Criminal writ petition seeking a writ of habeas corpus to challenge the legality of arrest and remand.
Remedy Sought
Petitioner sought a declaration that his arrest in C.R. No.128/2023 was illegal and to quash the remand order.
Filing Reason
The petitioner was arrested in connection with C.R. No.128/2023 for offences under Sections 420, 467, 468, 471 read with 34 IPC and contended that the arrest was illegal.
Issues
Whether the arrest and subsequent remand of the petitioner were illegal and in violation of the Code of Criminal Procedure, 1973.
Judgment Excerpts
This petition, under Articles 226 and 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed for issuing writ of Habeas Corpus to declare the arrest of the Petitioner in C.R. No.128/2023, registered with Baramati Taluka Police Station, under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code, 1860 (IPC) to be illegal. The Petitioner in the present petition has also challenged the remand.
Procedural History
The writ petition was filed; rule was issued; pleadings were completed; the matter was taken up for final hearing at the admission stage with the consent of both parties.
Acts & Sections
- Constitution of India: 226, 227
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 420, 467, 468, 471, 34
