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SONIA GOKANI, MAUNA M. BHATT
Sureshbhai Mangaji Padhiyar – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. habeas corpus petition for illegal detention. (Para 1 , 2) |
| 2. petitioner seeks justice for unlawful custody. (Para 3 , 4) |
| 3. court analyzes legality of police detention practices. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 26 , 27 , 28 , 30 , 32 , 33) |
| 4. court emphasizes legal standards for arrests. (Para 36) |
JUDGMENT :
(Sonia Gokani, J.)
1. This is a petition preferred under Article 226 of the Constitution of India by the applicant, who seeks issuance writ of habeas corpus or another appropriate writ for obtaining the custody of his son Falgun, who is illegally confined and detained by respondent No.5, who happened to be the Police Inspector of Meghaninagar police station.
2. Facts in nutshell are presented in the following factual background:
2.1 Brother of the corpus was arrested and detained in the custody of Meghaninagar police station as a preventive measure by the police officer as per section 151 of the Code of Criminal Procedure. The corpus was picked up from his vicinity on 29.06.2020 and was made to stay in the lock up for the entire night. It is alleged that he was subjected to police brutality and
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