The police must obtain a Magistrate's permission before investigating a non-cognizable offence and registering an FIR based on the same facts, according to the Bharatiya Nyaya Sanhita, 2023.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. When this matter was called out, the original Complainant approached the Court, contending that he has not been impleaded as a Respondent. He desires to contest this Petition. The learned Advocate for the Petitioner submits on instructions that he is willing to add him. Leave to add the Original Complainant as Respondent No.2. Addition be carried out forthwith. The learned Advocate, Mr. Mohite appears on behalf of the added Respondent No.2.

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

3. The Petitioner has put forth Prayer Clauses (A), (B) and (C), as under :-

A. That in relation to FIR No.257 of 2025 dated 19.07.2025 registered with Taloja Police Station for offences u/s. 118(2), 115(2), 352, 351(2), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, this Hon’ble Court be pleased to issue a writ of Habeas Corpus or any other appropriate writ, order or direction declaring the arrest and detention of the Petitioner dated 21.07.2025 as illegal, unconstitutional, and violative of Articles 21 and 22 of the Constitution, and of Section 174 (2) of The Bharatiya Nagarik Suraksha Sanhita, 2023,

B. That this Hon’ble Court be pleased to quash and set aside remand order dated 21/07/2025 passed by the Ld. JMFC, Panvel, in FIR No.257 of 2025 dated 19.07.2025 registered with Taloja Police Station for offences u/s. 118(2), 115(2), 352, 351(2), 324(4) and 3(5) of The Bharatiya Nyaya Sanhita, 2023, remanding the Petitioner to Police custody till 24/07/2025, being violative of Section 174 (2) of The Bharatiya Nagarik Suraksha Sanhita, 2023,

C. This Hon’ble Court be pleased to direct the immediate release of the Petitioner in FIR No.257 of 2025 dated 19.07.2025 registered with Taloja Police Station for offences u/s. 118(2), 115(2), 352, 351(2), 324(4) and 3(5) of The Bharatiya Nyaya Sanhita, 2023,”

4. The learned Advocate for the Petitioner submits on instructions that the Petitioner is not pressing Prayer Clause (D) and the same may be treated as having been deleted. Ordered accordingly.

5. Having considered the strenuous submissions of the learned Advocates for the respective sides, we have commenced the dictation of this order at 5:30 p.m.

6. The Petitioner was an Accused in a Non-cognizable Information Report (for short ‘NCR’), which was registered U/s. 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short ‘ BNS S’). The complaint lodged by Respondent No.2, a cable operator, was a narration of an incident that occurred on the terrace of his customer. The Petitioner is alleged to have abused the Complainant and used his hands to beat him. Based on such complaint, Sections 115 (2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS ’), were invoked. An NCR number 1171 of 2025 was registered on 1^st July, 2025. A copy of the NCR is tendered by the learned APP, which is taken on record and marked as ‘X-1’, for identification.

7. The grievance of the Petitioner is that on 19^th July, 2025, the Taloja Police Station, which had earlier registered the NCR, registered a First Information Report (in short ‘FIR’) No.257 of 2025 at 21:16 hours. Sections 118 (2), 351(2), 324(4) and 3(5) of the BNS , were invoked and a cognizable offence was registered. Based on the same, the Petitioner has been arrested. He was granted three days Police Custody Remand (in short ‘PCR’), which is to end today. The Petitioner is presented before the Magistrate for either a PCR