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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, SHYAM C.CHANDAK
Chandrashekhar Bhimsen Naik – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
BHARATI DANGRE, J.
1 “The quality of a nation’s civilisation can be largely measured by the methods it used in the enforcement of the criminal law.”
The above remark in the Judgment of the Apex Court in Jogindar Kumar v. State of U.P., (1994) 4 SCC 260 holds good even after three decades and the case before us make us, introspect, where our criminal justice system stands today.
2 FIR No.293/2025 came to be registered with Cyber Police Station West Region, Mumbai on 29/09/2025 at 19.05 hours on the complaint filed by Prakash Gopichand Gaba, a SEBI registered Research Analyst, working as Stock Market Expert.
He made a grievance about he being informed by his friends and relatives that since June 2025 his fake videos (deepfake) of an advertisement about investment in the stock market is going viral on social media and that many people had invested in the stock market after viewing the advertisement. The complainant give advise on stock market on CNBC Awaaz, a Hindi TV Channel, as regards buying and selling of shares and he also has accounts on social media platforms like Facebook, Instagram, X (formerly twitter) Telegram and You Tube and he is also engaged in conduct of OnLine
Arrest requires clear individual justification; collective reasoning violates procedural safeguards and renders the arrest illegal.
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
Arrest and detention – No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person – It would be prudent and wise for a Police officer that no arr....
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 ....
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....
Police must justify arrests under Section 41 CrPC, ensuring compliance with legal standards to protect individual rights.
The court upheld the legality of the arrest and remand of the petitioner, affirming compliance with statutory and constitutional requirements.
(1) Arrest by a Police Officer is a mere statutory discretion which facilitates him to conduct proper investigation, in the form of collection of evidence and shall not be termed as mandatory.(2) Arr....
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