Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, SHYAM C. CHANDAK
Shazaib Sabir Patel – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. The Writ Petition is filed by the relative and next kin, being the cousin brother of Safvan Abdul Rauf Patel and Afnan Abdul Rauf Patel, who are arraigned as Accused Nos.2 and 3 in F.I.R.No.0274 of 2025 and arrested by Taloja Police Station.
The Petition seek a direction to the Superintendent of Taloja Central Prison to produce them before the Court, either physically or through video conferencing.
A declaration is also sought that their continued detention in Taloja Central Prison is illegal, arbitrary and in violation of Section 187 of the Bhartiya Nagarika Suraksha Sanhita, 2023 (for short, “BNSS”) as well as Article 21 of the Constitution of India.
2. Pleadings in the Petition being complete, we have taken up the same for hearing at the stage of admission, and, hence, we issue ‘Rule’, which is made returnable forthwith.
3. We have heard learned Advocate Ms.Payoshi Roy with Ms.Palak Dubey for the Petitioner and learned Additional Public Prosecutor, Mr.Tanveer Khan for the State.
4. F.I.R.No.274 of 2025 is registered with Taloja Police Station on 08/08/2025 on the complaint filed by one Ammar Harun Madar, with four persons being named as accused alongwith one unknown pers
Judicial custody requires extension by the Magistrate, without which detention is not automatically illegal; compliance with statutory provisions is necessary for lawful detention.
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 while virtual production for detention in judicial custody is permissible, irregularities in the extension of remand may not warrant a writ of....
A writ of habeas corpus is not maintainable if the petitioner is in judicial custody under valid remand orders, and issues regarding the legality of arrest must be raised at the time of remand.
Point of law : Where the custody of the petitioner corpus as been handed over as per a judicial order passed a Judicial Magistrate or a court of competent jurisdiction or a CWC constituted under the ....
The Enforcement Directorate officers are not Police officers under CrPC, thus they cannot seek custody beyond the initial 24 hours of arrest unless substantively justified; however, compliance with P....
when a suspect is arrested and produced before a Magistrate for authorising detention, the Magistrate has to address the question whether specific reasons have been recorded for arrest and if so, pri....
Non-communication of detention orders is an irregularity but does not render the detention illegal if the original order complies with legal requirements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
