The detention of an individual beyond 24 hours without being produced before a Magistrate violates Article 22(2) of the Constitution, rendering the arrest illegal.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. This matter was heard at length on 04.04.2025, 07.04.2025, 09.04.2025, and today.

3. The Petitioner has put forth his prayers below paragraph F (i), (ii) and (iii), which read as under :

(i) After examining the facts, circumstance and remand order passed by the Ld. Magistrate Thane be pleased to issue writ of habeas corpus or any other appropriate writ or direction under Article 226 of the Constitution of India and section 482 of Criminal Procedure Code 1973 (528 of BNSS), thereby declaring the arrest of the Petitioner in Crime No.1217/2024, registered with Kasarwadavli Police Station, under section 420, 465, 467, 468, 120(B), 34 of Indian Penal Code to be illegal;

(ii) This Hon'ble Court be pleased to declare the arrest illegal and thereby quash and set aside the remand orders dated 17^th August 2024, 19^th August 2024 and 22^nd August 2024 passed by the Ld. Magistrate Thane; and

(iii) This Hon'ble Court may be pleased to issue appropriate direction to release the present Petitioner on interim bail in Crime No.1217/2024 registered with Kasarwadavli police station forthwith.

PLEADINGS, AVERMENTS AND SUBMISSIONS OF THE PETITIONER

4. The Petitioner has set out his case story in the pleadings, which can be summarised, as under :

(a) It is alleged that the original Complainant has a business and is dealing with immovable assets, purchase and sale through out Maharashtra. It is further alleged that in the year 2022, the original Complainant had met Accused No.1/the Petitioner and his wife through one agent, namely Indramohan Johari.

(b) It is alleged that Accused No.1/the Petitioner Kaushik Anam and Accused No.2/his wife, approached the original Complainant with the intention to deceive the Complainant by inducing him to invest in the disputed properties. It is further alleged that Accused No.1/the Petitioner told the Complainant that he has an office at Fort Point, Ghodbander Road, Anand Nagar, Thane West – 400 615 and gained his trust.

(c) It is alleged that Accused No.1/the Petitioner had informed the Complainant about an investment at Ulve, Navi Mumbai and quoted lesser price than the market value, i.e., Rs.1,34,50,000/- as an investment in the said property. Further, the present Complainant deposited the alleged amount in the account of one, Mr. Sundeep Bafna's company and even handed over the cash as well as account transaction into the Petitioner’s account.

(d) It is alleged by the Complainant that Accused No.1/the Petitioner used the power of attorney of Mr. Sundeep Bafna and thereby, they entered into the Sale Deed on 18.05.2023 of four flats and the said forged Sale Deeds were handed over to the present Complainant by Accused No.1/the Petitioner.

(e) It is further alleged by the Complainant that when he visited the said flats in the month of June, 2023, he got to know that, some other individuals are residing in the alleged premises and hence, he became suspicious of the said Sale Deeds. Hence, he approached Sundeep Bafna using the Aadhar card details from the documents, whereupon Sundeep Bafna disowned his signature on the documents.

(f) It is also alleged by the Complainant, that he obtained the certified copies of the said Sale Deeds bearing Nos.8924,8926, 8923, 8925 of 2023, whereby he got to know that there are some other documents registered with regards to the four properties located at Shivkar. That the Complainant alleged that the said documents are forged, and he has not entered in any kind of Sale Deed with regards to the property situated at Shivkar.

(g) It is further, alleged that Accused No.1/the Petitioner deceived the Complainant by providing four flats in Dream Heritage Building, Ulve, Navi Mumbai through false documents and the forged signature of Mr. Sundeep Bafna and government stamps.

(h) It is alleged that by deceiving the Complainant with regards to Dream Heritage Building at Ulve, Navi Mumbai an