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2016 Supreme(Raj) 93

M.N.BHANDARI, J.K.RANKA
Rahul Pareek – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
Mr. Swadeep Singh Hora
Mr. T.C. Sharma – for petitioner

ORDER :

By these writ petitions of habeas corpus, a prayer is made for release of the petitioner-Rahul Pareek alleging his detention and custody to be illegal.

Learned counsel submits that these writ petitions are involving various questions of law and also focus working of the police and the courts act in derogation to the provisions of law.

An FIR No.50/2016 was registered on 17.3.2016 with Police Station – Anti Corruption Bureau, Jaipur (for short 'the ACB') for offence under sections 7, 13(1)(D), 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act of 1988') read with section 120B of the Indian Penal Code (for short 'the IPC'). The petitioner was, however, arrested on 11.3.2016 and was produced before the learned Special Judge No.1, Anti Corruption Cases, Jaipur (for short 'the court below') on 12.3.2016. The court below granted two days police custody remand though no FIR was registered till passing of the order. On 14.3.2016, he was sent in judicial custody for 14 days though FIR was not registered even till then. In view of above, arrest of the accused-petitioner and also the orders for police custody so as the judicial custody were without registration of the FI











































































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