PRANAV KUCKREJA Vs. STATE

JUDGEMENT

(1.) The present petition has been filed seeking declaration of the arrest of the petitioner on 4/11/2024 and all consequential proceedings thereon in the case arising out of FIR No.4/2023 dtd. 12/1/2023 registered under Ss. 498A/406/328/376/109/34 IPC at PS Tuglak Road as illegal, arbitrary and void.

(2.) The factual matrix, briefly stated, is that the FIR in the present case was registered on 12/1/2023. The complainant alleged that she began dating the petitioner in July 2019, during which they purportedly entered into a secret marriage in Bangalore and subsequently cohabited. Over time, differences arose between the two, and the complainant alleged various instances of abuse and misconduct. According to her statement, it has been alleged that the petitioner administered drinks laced with intoxicants, rendering her unconscious. She alleged that during these instances, the petitioner's friends sexually assaulted her without her consent. The complainant has further leveled serious accusations of mental, physical, and sexual abuse against the petitioner and his parents, implicating them in acts of coercion and complicity. The detailed facts are not elaborated here as the petitioner has approached this Court primarily to challenge the legality of his arrest.

(3.) Sh. Manu Sharma, learned counsel for the petitioner, has submitted that the arrest of the petitioner by the investigating agency was carried out in contravention of the principles of law, as the grounds for arrest were not communicated to the petitioner. It has been submitted that the investigating agency failed to comply with the mandatory requirements of Sec. 50 of the Cr.P.C and the arrest memo prepared at the time of the petitioner's arrest did not disclose any grounds of arrest. In light of the clear violation of Sec. 50 of the Cr.P.C and in view of the judgment of the Hon'ble Supreme Court in Prabir Purkayastha v. State (NCT of Delhi), (2024) 8 SCC 254, it has been submitted that the petitioner's arrest be declared illegal, and the petitioner be released forthwith.