Back
HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKRAM D.CHAUHAN
Ashish Shakya – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT :
VIKRAM D. CHAUHAN, J.
1. Heard Sri Nitesh Rana, Advocate assisted by Ms. Zainab Khan and Sri Ashvani Tripathi, learned counsels for petitioner, Sri Rahul Srivastava, learned counsel for Central Bureau of Investigation and Sri Om Prakash Dwivedi, learned A.G.A. for State.
2. The present petition under Article 227 of Constitution is preferred challenging the remand order dated 16.4.2026 passed by Special Judge, Anti Corruption, C.B.I., Ghaziabad in First Information Report dated 15.3.2026 (bearing number RC2182026A0005), under Section 61(2) of B.N.S, 2023 read with Sections 7, 8, 9, 10 & 12 of Prevention of Corruption Act, 1988, Police Station C.B.I., AC-III, New Delhi.
3. The petitioner was arrested on 15.3.2026 from the Conference Room of Felix Hospital, Sector-137, Noida (U.P.) in respect of abovementioned offence. The Central Bureau of Investigation thereafter produced the petitioner before trial court on 16.3.2026 seeking police custody of petitioner. The court concerned by order dated 16.3.2026 granted police custody of petitioner for four days from 16.3.2026 to 19.3.2026. Thereafter, Central Bureau of Investigation further submitted an application for remand of petition
The main legal point established in the judgment is that while virtual production for detention in judicial custody is permissible, irregularities in the extension of remand may not warrant a writ of....
Judicial custody requires extension by the Magistrate, without which detention is not automatically illegal; compliance with statutory provisions is necessary for lawful detention.
The main legal point established in the judgment is that the custody and remand of the petitioner were found to be legal and in compliance with the law, including the Arnesh Kumar case guidelines and....
The failure to obtain a transit warrant and produce the accused within 24 hours constitutes a violation of Article 22(2) of the Constitution, rendering the detention unlawful.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
