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REVATI MOHITE DERE, MANJUSHA DESHPANDE
Bhairaram Saraswat – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner: Mr. Mudit Jain a/w Mr. Aman Kacheria, Mr. Rahul Agarwal, Ms. Jasmin Purani and Mr. Sajid Sayed i/b Agarwal & Dhanuka Legal.
For the Respondents: Mr. H.S. Venegavkar, P.P. a/w Ms. P.P. Shinde, A.P.P.

JUDGMENT

At the outset, learned counsel for the petitioner seeks leave to amend the prayer clause. Leave granted. Amendment to be carried out during the course of the day and amended copy be served on the office of the Public Prosecutor/Public Prosecutor.

2. By this petition, the petitioner has impugned his illegal arrest by the police; non-compliance of Section 41A of the Code of Criminal Procedure (‘Cr.PC’) and several other grounds have been raised in the aforesaid petition.

3. The grievance of the learned counsel for the petitioner is that the petitioner was not served with the mandatory Section 41A notice as required considering the offence was one under Section 420 r/w 34 of the Indian Penal Code, registered with the L.T. Marg Police Station, Mumbai, vide C.R. No.232 of 2024. According to the petitioner, the said FIR was registered on 11th March 2024. Admittedly, the petitioner was not named in the FIR. It is the petitioner’s case that on 19th March 2024, two to three persons, who were later identified to be police officers including respondent No.2 approached the petitioner in his shop at Ahmedabad in plain clothes and picked-up the petitioner. Learned counsel relied on the C

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