ASHISH VIRENDRA PRATAP SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The Petitioner filed the present Petition seeking the following reliefs:-

(3.) The Petitioner claims that he has been falsely implicated for offences punishable under Ss. 406, 420, 467, 471, and 500 read with Sec. 34 of the Indian Penal Code, 1860, at the instance of one Mr. Devendra Jagdish Singh. The FIR No. 94 of 2025 was registered at 4:03 AM on 16/1/2025 at Mumbra Police Station, Thane. The Petitioner has been arrayed as a co-accused. Pursuant thereto, the Petitioner alleges that he was arrested by Respondent Nos. 4 to 6 on 17/1/2025 and was taken by a Police Constable for a medical examination to Chhatrapati Shivaji Maharaj Hospital, Thane. Subsequently, between 18/1/2025 and 6/2/2025, the Petitioner was admitted to various private hospitals, namely Navkaar Hospital, Vedant Hospital, Om Sai Hospital, and Surekha Criticare Hospital. Mr. Dubey, learned counsel for the Petitioner, drew our attention to the medical reports as well as the remand applications submitted by the police. He submitted that the arrest was illegal and that the Petitioner, while in police custody, was not produced before the Learned Magistrate within the mandatory 24-hour period following his arrest. Such omission, it is contended, constitutes a violation of the Petitioner 's fundamental rights as well as Sec. 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Accordingly, it is submitted that the Petitioner is entitled to the reliefs sought in the present Petition.