VIRAL PRAVIN PAREKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, and, with the consent of the parties, heard finally.

(2.) By this Petition under Article 227 of the Constitution of India and Sec. 528 of the Bhartiya Nyaya Suraksha Sanhita, 2023 (BNSS of 2023), the Petitioners seek orders to quash and set aside the remand order dtd. 7/10/2025 passed by the learned Magistrate, 37 th Court, Esplanade, Mumbai, in connection with the FIR No.777 of 2025, initially registered with Kandivali Police Station, and, subsequently, transferred to DCB, CID, thereby remanding the Petitioners to police custody, on account of non-compliance of the mandate under Sec. 35(3) of the BNSS (Sec. 41-A of the Code of Criminal Procedure, 1973) and the initiation of prosecution in violation of the provisions contained in the Securities Contract (Regulation) Act, 1956.

(3.) The background facts can be stated, in brief, as under :