BHAVIN RAMESHCHANDRA SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition filed under Sec. 482 of Code of Criminal Procedure 1973 (Cr.P.C.) seeking declaration that the arrest of the Petitioner on 3/6/2024 is illegal and that he may be directed to be released forthwith.

(2.) Mr. Savla appearing for the Petitioner submits that the Petitioner was summoned for couple of times by the concerned officer of the Economic Offences Wing (EOW) Palghar Police Station for the purpose of enquiry and/or investigation prior to registration of the FIR. He submits that after his interrogation and statement taken and after sufficient enquiry, an FIR was registered on 14/3/2024. Pursuant to the registration of FIR, the Investigating Officer (IO) summoned the Petitioner under Sec. 160 of Cr.P.C.

(3.) It is submitted by the Learned Counsel for the Petitioner that the Petitioner co-operated with the concerned IO and submitted the requisite information and details by way of whatsapp, e-mail, and registered A.D. However, on 1/6/2024 the Petitioner received a notice under Sec. 41A(1) through WhatsApp in respect of FIR No. 52 of 2024 under Ss. 420, 506 r/w. 34 of Indian Penal Code 1860 (IPC). As per the notice time was granted to the Petitioner upto 5/6/2024 to comply with the notice. However, on 3/6/2024, the Petitioner was arrested.