SACHIN MAHIPATI NIMBALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is seeking a declaration that his arrest in relation to FIR No.1191 of 2023 dtd. 31/10/2023, registered at Karad City Police Station, Satara is illegal and in gross violation of the fundamental rights guaranteed to him under Article 21 and 22 of the Constitution of India. He is further seeking a declaration that the consequential remand order dtd. 1/11/2023 and all the subsequent remand orders passed by the learned J.M.F.C., Karad, are null and void and are in violation of fundamental rights guaranteed to him under the Constitution of India.

(2.) The petitioner has been arraigned as an accused in C.R. No. 1191 of 2023, for offence punishable under Ss. 302, 364, 324, 323, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code. Though initially he was not named as an accused, but during the course of investigation, name of the petitioner came to be added as an accused. He was arrested on 1/11/2023 at 12:41 p.m. and was produced before the J.M.F.C, Karad on the very day. He was remanded to police custody till 6/11/2023, and thereafter his police custody remand was extended upto 7/11/2023. Investigating Agency has fled charge-sheet in the present matter.

(3.) The petitioner had fled the regular Bail Application, which is pending before the Additional Sessions Judge, Karad. The petitioner is challenging his arrest in the present Writ Petition on the ground that, the grounds of arrest were not informed to him in writing and as such his arrest is in gross violation of the constitutional mandate under Article 22(1) of the Constitution of India, and there is total non-compliance of Sec. 50 of the Code of Criminal Procedure, 1973.