NINGARAJU N. Vs. INDIA HOLIDAY (PVT) LTD

JUDGEMENT

(1.) This application has been filed for dropping the proceedings against Sri N.G.N. Raju S/o. Ningegowda on the ground that he is not the Ex-Director of the Company in liquidation as mentioned in CA. No. 1382/2011. This Court in its earlier order dtd. 26/5/2022 dealt with the said issue and on verification it has been found that the applicant in C.A. No. 96/2022 is not Raju N.G.N., who is the ExDirector of the Company in liquidation.

(2.) It is rather shocking that a person has been arrested without ascertaining whether he was the person who was required to be arrested and that the warrant had been issued against him. Though the arrestee had disputed that he was the person named in the warrant and the applicability of the warrant to him, his identification was not cross-checked and verified resulting an innocent person being arrested.

(3.) The Right to Life and Liberty Guaranteed under Article 21 of the Constitution of India is of paramount importance. By arresting a person whose arrest was not authorized there is a violation of the fundamental rights guaranteed under Article 21 of the Constitution of India.