Back
2025 Supreme(Bom) 1780
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SARANG V. KOTWAL, SHYAM C. CHANDAK, JJ.
Ashok Sahadev Patil – Appellant
Versus
The State of Maharashtra – Respondent
Criminal Writ Petition No. 4750 of 2025
Decided On : 07-10-2025
For the Appellant : A.N. Mishra
For the Respondent: Supriya Kak
Substantial compliance with procedural requirements related to arrest is sufficient unless demonstrable prejudice is shown, reinforcing the principle that procedural lapses do not inherently invalidate detention.
Headnote:(A) Constitution of India - Article 22 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 47 and 48 - Writ of Habeas Corpus - Allegations related to sexual offences under IPC and POCSO Act - Petitioner's detention challenged on grounds of failure to inform grounds of arrest and notify relatives - Court held that substantial compliance with procedural requirements is sufficient and no demonstrable prejudice was shown by the Petitioner - Gravity of charges necessitated denial of relief. (Paras 1, 9, 15)
(B) Procedural Compliance - Requirement to inform arrest grounds, while necessary, allows for substantial compliance, not inflexible adherence to written communication. (Para 12.1)
Facts of the case:
The Petitioner was arrested for serious sexual offences against minor victims after investigations that included test identification procedures. The arrest occurred on 28/07/2022. Allegations included failure to inform the Petitioner of arrest grounds and notify his wife as mandated by law.
Findings of Court:
The court considered previous case law regarding procedural compliance and noted that absent demonstrable prejudice, the Petitioner's detention remained lawful.
Issues: Whether the grounds of arrest were communicated to the Petitioner and the notification of his wife were compliant with legal requirements.
Ratio Decidendi: The absence of written grounds does not automatically invalidate an arrest unless there is evidence of prejudice. The gravity of the charges, coupled with substantial compliance by the authorities, led to dismissal of the petition.
Result: Petition dismissed.
JUDGMENT :
SARANG V. KOTWAL, J.
1. This is a Petition for issuance of a Writ of Habeas Corpus in connection with the detention of the Petitioner in C.R.No.449/2022 registered at Meghwadi Police Station, Mumbai on 26/07/2022 under Section 376 of IPC; Sections 4, 8 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and under Sections 5 and 9 of the Immoral Traffic (Prevention) Act, 1956.
2. Heard Mr. A.N. Mishra, learned Counsel for the Petitioner and Ms. Supriya Kak, learned APP for the Respondent-State.
3. The main contention raised by the learned Counsel for the Petitioner is that, there is violation of Article 22 of the Constitution of India and there is also violation of Sections 47 and 48 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
4. Before referring to the contentions raised by the learned Counsel for the Petitioner in that behalf, it is necessary to mention under what circumstances and allegations, the Petitioner is arrested. The affidavit-in-reply filed by the Assistant Police Inspector attached to Meghwadi Police Station gives details of the offence as follows:-
On 19/07/2022, the first informant - Varsha Vitthal Pawar who was working as a Member of Committed Community Development Trust, an NGO, was informed by one Ms. Minal Pathare who was a co-worker at Prayas Sanstha, that, during her work at Byculla Jail, she came in contact with a lady who was the mother of the two minor victim girls. Those victims were staying with one person in Hari Nagar, Jogeshwari (E), Mumbai. That person sexually assaulted those two minor girls. The girls were in danger. Upon instructions from Child Development Committee, Ms. Pathare went to the residence of both those minor girls on 12/07/2022.
On 13/07/2022, both the victim girls were produced before the Child Welfare Committee, Matunga, Mumbai. The said Committee directed the Community Development Trust, Child Helpline, Dahisar Division, Mumbai to take further legal action. The victim girls were staying with one Raghu who was known to their mother. He was sexually exploiting those victims. The victim girls further disclosed that one Prakash Jagtap used to frequently take both of them in his car and he also sexually assaulted both of them. Upon this complaint, the FIR was lodged by the first informant - Smt. Varsha Pawar vide C.R.No.449/2022 at Meghwadi Police Station against Prakash Rupchand Jagtap and Raghuvir Yadav @ Raghu.
During the investigation, the role of the Petitioner was revealed. Statements of both the victims were recorded before a woman Police Sub-Inspector. During the course of investigation, Test Identification Parade was held. The Petitioner was placed in that Parade on 15/09/2022 and both the victim girls had identified the present Petitioner who was shown as Accused No.2 in the said offence. The statements of both these victim girls were recorded under Section 164 of Cr.P.C., wherein they had revealed the role of the present Petitioner. The age of one victim girl was about 14 years and the age of the other victim girl was around 11 years. Their birth dates were 29/07/2008 and 20/06/2011. According to the prosecution case, they were taken to a resort. Though in their statements, the Petitioner was not named, but paragraph 12 of the said affidavit-in-reply mentions that during the course of the investigation, Test Identification Parade of the Petitioner was conducted before the concerned Magistrate on 15/09/2022 and both the victims had identified the Petitioner. The incident had taken place in one resort. According to the prosecution case mentioned in the Remand Report, the victim girls were taken to the resort in the Petitioner’s vehicle and there they were subjected to sexual assault. This is the background in which the Petitioner came to be arrested.
5. The affidavit-in-reply further mentions that the Petitioner was arrested on 28/07/2022 at 23:46 hours (11:46 p.m.). The affidavit further mentions that, as per the information given by the Peti
