(1.) The present application is filed for interim protection/bail in the Criminal Writ Petition Stamp No. 4132 of 2020 filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short) praying for a writ of Habeas Corpus to produce the Petitioner, who has been illegally arrested and wrongfully detained by the Station House Officer, Alibaug Police Station, Raigad, in relation to First Information Report ('FIR' for short) being C.R.No.0059/2018 dated 5/5/2018 registered at Alibaug Police Station, Raigad, under Sections 306 and 34 of the Indian Penal Code ('said IPC' for short) despite a closure report being filed. The Petitioner also prays for quashing of the said FIR.
(2.) So far as the main Writ Petition is concerned, the petitioner is alleging gross abuse of State's power by the respondents in effecting his arrest on 04.11.2020 and consequent alleged illegal detention. As there are allegations of malafides, an opportunity needs to be given to the respondents to file a counter and accordingly with the consent of learned counsel appearing for the parties, the petition is posted for hearing on 10.12.2020.
(3.) Mr. Harish Salve, learned Senior Advocate for Petitioner, Mr. Amit Desai, learned Senior Advocate for State and Mr. Shirish Gupte, learned Senior Advocate appearing for the victim have confined their arguments limited to the relief claimed in the Interim Application. Therefore, we confine our adjudication restricted to the reliefs claimed in the Interim Application.
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