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E. V. VENUGOPAL
Guntupalli Srinivas Rao – Appellant
Versus
State Of Telangana – Respondent
ORDER :
(E.V. Venugopal, J.)
1. Heard Sri Y.Soma Srinath Reddy, learned counsel for the petitioner and Smt. S.Madhavi, Assistant Public Prosecutor, representing learned Public Prosecutor for State/respondent.
2. Challenge in this criminal revision case, filed under Sections 397 and 401 Cr.P.C, is to the remand order dated 18.07.2024 passed against the petitioner/accused No.2 in Crime No.19 of 2024 of PS, EOW, Cyberabad on the file of the learned Principal Junior Civil Judge-cum-Metropolitan Magistrate, Rangareddy District at LB Nagar.
3. Crime in FIR No.19 of 2024 for the offences under Sections 420, 406 and 409 IPC was registered against the petitioner and three others by the PS, EOW, Cyberabad basing on the complaint lodged by one Kartheek Motamarri, the de- facto complainant, alleging that he was induced and misrepresented by Shilpa (A4), stated to be the Marketing Partner of M/s.GSR Infra Group, making him to believe that they were constructing villas in the land admeasuring Ac.16.00 by obtaining HMDA approval and offered a villa admeasuring 200 Sq.Yards and 2500 SFT in Sy.No.298, Kollur Village, RC Puram Mandal for lesser price as a pre-launch offer and obtained Rs.1.17 Crores thr
The court emphasized that failure to produce an arrested individual before a Magistrate within 24 hours constitutes a violation of constitutional rights, rendering the remand order invalid.
A person in custody cannot be detained without producing him before a Magistrate under colourable pretention that no actual arrest is made.
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.
Arrests must comply with legal requirements, specifically the production before the nearest Magistrate within 24 hours, failing which detention is deemed illegal.
The failure to communicate grounds of arrest in writing and late production before the Magistrate violates due process, rendering the arrest illegal.
The court upheld the legality of the arrest and remand of the petitioner, affirming compliance with statutory and constitutional requirements.
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