SAGAR AMBARAM FULTARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the captioned writ petition, the petitioner has sought for direction to the respondents to release the petitioner who has been arrested in connection with the FIR No. 11189003250401/2025 lodged with Morbi City, A Division Police Station, Morbi for the offences punishable under Sec. 336(2), 336(3), 338, 340(2), 349, 3(5), 61, 229(1), 235 and 236 of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as "the BNS"). For ease of reference, the prayers prayed for by the petitioner are reproduced hereinbelow:

(2.) With the consent of the learned Advocates appearing for the respective parties, the writ petition was taken up for final hearing. Issue Rule returnable forthwith. Mr.Utkarsh Sharma, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondents. The hearing of the matter was concluded on 8/5/2026 and was kept today for orders/pronouncement.

(3.) Mr Ghanshyam Upadhyay, learned advocate appearing with Mr Denish Mavadhiya, learned advocate for the petitioner submitted that it is not disputed rather admitted by the investigating officer that the petitioner was apprehended on 25/7/2025 from Gurugram, Haryana but was not produced before the nearest learned Magistrate within 24 hours, let alone seeking transit remand. It is also not in dispute that the petitioner was brought by road via Delhi to Gandhinagar CID crime and was thereafter taken to Morbi. Before reaching Gandhinagar, the petitioner was made to stay at the hotel at Ahmedabad. It is submitted that the petitioner was arrested on 25/7/2025 but on paper was shown arrested on 27/7/2025 at 16:00 hours and the petitioner was produced before the learned Chief Judicial Magistrate, Morbi on 28/7/2025 at 3:30 p.m. Furthermore, it is admitted that the "grounds of arrest" were not communicated to the petitioner, either orally or in writing. Therefore, the arrest of the petitioner is against the constitutional mandate and illegal since inception.