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REVATI MOHITE DERE, SHYAM C. CHANDAK
Abhijit Arjun Padale – Appellant
Versus
State of Maharashtra Through APP Bombay High Court – Respondent
JUDGMENT :
SHYAM C. CHANDAK, J.
1. By this Petition, filed under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973, the Petitioner seeks a writ, an Order or direction thereby declaring the Petitioner’s arrest and detention in F.I.R. No. 24 of 2022, registered with Vakola Police station, as illegal. Further, Petitioner seeks a direction to investigate into the alleged illegal action on the part of the Police authorities and subordinates, who have failed to follow the direction issued by the Hon’ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar and Anr., (2014) 8 SCC 273 The Petitioner has also sought a direction to the Respondents to pay compensation of Rs.5 Crore to the Petitioner for his illegal detention of 3 days i.e., from 15th January, 2022 to 18th January, 2022.
2. Heard learned Counsel for the parties. Perused the record. Senior Police Inspector Mr. Prakash Khandekar and Prakash C. Kamble- P.S.I, have filed independent Affidavit-in-Reply and resisted the Petition on behalf of Respondent No. 7-Vakola Police Station.
3. Rule. Rule is made returnable forthwith, with the consent of the parties and Petition is taken
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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Police must justify arrests under Section 41 CrPC, ensuring compliance with legal standards to protect individual rights.
Arrest may be authorised only if concerned officer has ‘reason to believe’ and there is `satisfaction qua an arrest’ that person has committed an offence – There must be a direct nexus or live link b....
Compliance with procedural safeguards in arrest as established in Arnesh Kumar is crucial, particularly for offenses punishable with imprisonment of less than seven years; violations can infringe fun....
The court established that police officers must comply with statutory requirements before arresting another officer, and failure to do so constitutes a violation of fundamental rights under Article 2....
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 ruled that detention without prior FIR is illegal; however, compliance with arrest protocols established in the Arnesh Kumar case must be followed, and failure to challenge remand limits cl....
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