GOPI CHAND CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Seeking fifteen days' advance notice in case the investigator proposes to arrest the petitioner in the FIR captioned above, the petitioner has come to this Court by filing the present petition under Sec. 482 CrPC.

(2.) Counsel for the State submits that they do not need to file any formal response as the present petition is not maintainable in the present form. He further opposes the maintainability of the present petition because if the petitioner is apprehending arrest, then the statutory remedy lies under 438 CrPC.

(3.) Counsel for the petitioner submits that this Court had granted similar relief to Padam Kumar Bansal vide order dtd. 6/9/2023 passed in CRM-M-15824-2023. In the said order, it was clarified that if an investigator proposes to arrest the petitioner, the petitioner must be given one week's advance notice.