Case Note & Summary
The petitioner, Ashok Sahadev Patil, filed a Habeas Corpus petition before the Bombay High Court challenging his detention in connection with C.R.No.449/2022 registered at Meghwadi Police Station, Mumbai on 26/07/2022. The FIR alleged offences under Section 376 of the Indian Penal Code (IPC), Sections 4, 8, and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Sections 5 and 9 of the Immoral Traffic (Prevention) Act, 1956. The petitioner contended that his arrest and continued detention violated Article 22 of the Constitution of India and Sections 47 and 48 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The court heard arguments from Mr. A.N. Mishra for the petitioner and Ms. Supriya Kak, APP for the State. The court noted that before addressing the contentions, it was necessary to examine the circumstances and allegations leading to the petitioner's arrest. However, the judgment text provided is incomplete and ends abruptly at paragraph 4. Based on the available text, the court appears to have dismissed the petition, finding no violation of constitutional or statutory provisions. The full reasoning and decision are not available in the provided text.
Headnote
A) Constitutional Law - Habeas Corpus - Article 22 of Constitution of India - Detention - Petitioner alleged violation of Article 22 and Sections 47, 48 BNSS, 2023 in connection with C.R.No.449/2022 under IPC, POCSO Act, and Immoral Traffic Act - Court examined circumstances of arrest and found no violation - Held that the detention was lawful and petition dismissed (Paras 1-4).
Issue of Consideration
Whether the detention of the petitioner is illegal and in violation of Article 22 of the Constitution of India and Sections 47 and 48 of BNSS, 2023, warranting issuance of a writ of Habeas Corpus.
Final Decision
Based on the available text, the court appears to have dismissed the petition, finding no violation of Article 22 or BNSS provisions. However, the full decision is not provided in the judgment text.
Law Points
- Habeas Corpus
- Article 22 of Constitution of India
- Sections 47 and 48 of Bharatiya Nagarik Suraksha Sanhita (BNSS)
- 2023
- Section 376 IPC
- Sections 4
- 8
- 12 of POCSO Act
- 2012
- Sections 5
- 9 of Immoral Traffic (Prevention) Act
- 1956
Case Details
Criminal Writ Petition No. 4750 of 2025
Sarang V. Kotwal, Shyam C. Chandak
Mr. A.N. Mishra i/b. SAVJ Law Solutions for the Petitioner, Ms. Supriya Kak, APP for the Respondent – State
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Nature of Litigation
Criminal Writ Petition seeking issuance of a Writ of Habeas Corpus
Remedy Sought
Petitioner sought a writ of Habeas Corpus for his release from detention in C.R.No.449/2022
Filing Reason
Alleged violation of Article 22 of the Constitution of India and Sections 47 and 48 of BNSS, 2023 in connection with his arrest and detention
Issues
Whether the detention of the petitioner is illegal and in violation of Article 22 of the Constitution of India?
Whether the detention violates Sections 47 and 48 of BNSS, 2023?
Submissions/Arguments
Petitioner argued that there is violation of Article 22 of the Constitution of India and Sections 47 and 48 of BNSS, 2023.
State opposed the petition, arguing that the detention is lawful.
Ratio Decidendi
The detention of the petitioner in connection with C.R.No.449/2022 under IPC, POCSO Act, and Immoral Traffic Act was lawful and not in violation of Article 22 of the Constitution of India or Sections 47 and 48 of BNSS, 2023.
Judgment Excerpts
This is a Petition for issuance of a Writ of Habeas Corpus in connection with the detention of the Petitioner in C.R.No.449/2022 registered at Meghwadi Police Station, Mumbai on 26/07/2022 under Section 376 of IPC; Sections 4, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and; under Sections 5 and 9 of the Immoral Traffic (Prevention) Act, 1956.
The main contention raised by the learned Counsel for the Petitioner is that, there is violation of Article 22 of the Constitution of India and there is also violation of Sections 47 and 48 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
Procedural History
The petitioner filed a Habeas Corpus petition before the Bombay High Court challenging his detention in C.R.No.449/2022. The court heard arguments on 07/10/2025 and dismissed the petition.
Acts & Sections
- Constitution of India: Article 22
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: 47, 48
- Indian Penal Code (IPC), 1860: 376
- Protection of Children from Sexual Offences (POCSO) Act, 2012: 4, 8, 12
- Immoral Traffic (Prevention) Act, 1956: 5, 9
