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PRAKASH D. NAIK
Rana Kapoor – Appellant
Versus
Central Bureau Of Investigation – Respondent
JUDGMENT
PRAKASH D.NAIK, J. - The petitioner has preferred this petition by invoking Article 227 of Constitution of India and Sec. 482 of Code of Criminal Procedure challenging the impugned order dtd. 14/8/2021 passed by Special Court (CBI) on Remand Application No.868 of 2021 and Exhibits 3 and 6 filed by petitioner seeking compliance of order dtd. 12/8/2021 passed by this Court in Writ Petition No.2846 of 2021 and granting police custody remand of petitioner. The petitioner also seeks declaration that CBI remand and custody and all subsequent proceedings including further custody of petitioner as illegal, non est and void ab initio in law.
2. The brief factual matrix relevant for adjudicating the issue in this petition is as follows :-
(a) The FIR bearing No.RC BA1/2020/A0004 was registered by CBI/ACB, Mumbai on 12/3/2020 for offence under Sec. 120B r/w 420 of Indian Penal Code and under Ss. 7, 11 and 12 of Prevention of Corruption Act, 1988 ('P.C.Act ' for short); (b) It is alleged that the applicant was the Managing Director and Chief Executive Officer of YES Bank Limited ('YBL '). He had obtained illegal gratification in the form of property in prime location in New Delhi at mu
The main legal point established in the judgment is that the custody and remand of the petitioner were found to be legal and in compliance with the law, including the Arnesh Kumar case guidelines and....
The appearance of the accused petitioner before the Investigating Officer as per the direction of the Hon'ble Apex Court does not in any way negate the orders passed by the trial court which were sou....
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
The court emphasized the importance of balancing the requirements of investigation with the necessity for custodial interrogation, and highlighted the need for a responsible approach to custodial int....
The arrest of a person is not mandatory and the police officer is required to record the reasons for arrest in writing.
The court ruled that consent under Section 45 of the Cr.P.C. was not required for the petitioner's arrest, affirming the jurisdiction of the Special Judge and the validity of remand orders.
The main legal point established in the judgment is that the rejection of remand must be based on a proper understanding of the law, including the provisions of Sec. 41 Cr.P.C. and the guidelines lai....
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
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