The court reaffirmed the necessity of timely communication of grounds for arrest, highlighting defendant's rights under Article 22 of the Constitution.

JUDGMENT :

AMIT SHARMA, J.

1. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, [For short, ' BNSS’] has been filed on behalf of the petitioner, inter alia, seeking declaration of his arrest on 15.06.2025 in FIR No. 29/2025, under Sections 318 (4)/316(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023, [For short,'BNS ’] registered at P.S. Crime Branch as non-est and illegal and setting aside of remand orders passed by learned Judicial Magistrate First Class in connection with the aforesaid FIR, post the arrest of the present petitioner.

2. The petitioner has relied upon the following list of dates and events leading to the filing of the present petition: -

• On 29.01.2025, the aforesaid FIR No. 29/2025, under Sections318(4)/316(2)/61(2) of the BNS, 2023, was registered at P.S. Crime Branch;

• On 31.01.2025, a Complaint under Section 223 of the BNSS along with Section 175(3) of the BNSS was filed by Petitioner against Sharat Bhattatiripad and Pankaj Tyagi, seeking directions to the police to investigate into offences committed by the Complainant in the aforesaid FIR, Sharat Bhattatiripad, and Pankaj Tyagi;

• On 06.02.2025, at around 06:36 PM while petitioner’s father was at his home, two people in civil dress, carrying a gun, came to his residence and claimed to be police officials. The said officials forcefully entered the premises of the petitioner and served a copy of the notice under Section 35(3) of the BNSS for joining the investigation at 6 PM on the same day and the petitioner’s father was taken to the police station and his statement was recorded. Furthermore, the petitioner’s father was served another notice under Section 35(3) BNSS to be present for the investigation on 07.02.2025 at 11 AM;

• On 07.02.2025, the petitioner filed an application under Section 175(3) of the BNSS, seeking a court-monitored investigation, presence of a lawyer during course of the investigation and the preservation of the CCTV footage dated 06.02.2025 of PS Crime Branch and the learned CJM was pleased to issue notice to the Investigating Officer to file a reply to the said application;

• From 08.02.2025 to 13.02.2025, Investigating Officer deliberately did not file a reply before the court and sought adjournment;

• On 17.02.2025, Investigating Officer filed a reply to the Application without serving a copy to the Petitioner and the said reply has no allegation pertaining to the Petitioner whatsoever, in relation to his role in the alleged offence;

• On 21.02.2025, Investigating Officer seized the laptop of petitioner without providing a seizure memo;

• On 22.02.2025, notice under Section 94 of the BNSS is served upon the petitioner for production of documents pertaining to his mother;

• On 25.02.2025, petitioner’s father filed writ petition, W.P. (CRL.)672/2025, seeking quashing of FIR No.29/2025, dated 29.01.2025, under Sections 318 (4)/316(2)/61(2) of the BNS, registered at PS: Crime Branch (Delhi);

• On 27.02.2025, the Hon’ble Court was pleased to issue notice in the aforesaid petition, W.P. (Crl.) 672/2025;

• On 28.02.2025, Investigation Officer refused to receive documents from the Petitioner;

• On 03.03.2025, learned JMFC directed the registration of an FIR at PS Connaught Place, under Sections 120, 127, 135, 351(3) read with Section 3(5) BNS, against the Complainant, Sharat Bhattatiripad, and Pankaj Tyagi;

• On 04.03.2025, the Petitioner and his father filed another petition, W.P.(CRL.) 778/2025, for transfer of the investigation pertaining to FIR No. 29/2025 dated 29.01.2025, under Sections 318 (4)/316(2)/61(2)of the BNS, registered at PS: Crime Branch (Delhi);

• On 06.03.2025, the Hon’ble Court was pleased to issue notice in the petition, W.P. (CRL.) 778