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2024 Supreme(Online)(DEL) 269

HIGH COURT OF DELHI
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
BIBHAV KUMAR – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Mr. N. Hariharan, Senior Advocate with Mr. Karan Sharma, Mr. Rajat Bhardwaj, Mr. Mudit Jain, Mr. Mohit Siwach, Mr. Kaustabh Khanna, Mr. Siddharth Yadav, Ms. Punya Rekha Angara & Mr. Aayush Goswami, Advocates, Mr. Sanjay Jain, Senior Advocate with Mr. Sanjeev Bhandari, ASC and Mr. Atul Kumar, APP for the State with Ms. Anvita Bhandari, Ms. Charu Sharma, Mr. Arjit Sharma & Mr. Vaibhav Vats, Advocates

JUDGEMENT

SWARANA KANTA SHARMA, J.

1. The present criminal writ petition under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟), has been filed by the petitioner praying for grant of following reliefs:

    “A. Declaring the arrest of the Petitioner at the hand of the Respondent as illegal and, inter alia, in gross violation of the provisions of Section 41A of the Code of Criminal Procedure, and against the mandate of law laid down in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 and Amandeep Singh Johar Vs. State of NCT of Delhi and Anr. 2018 SCC Online Del 13448; AND B. Ordering that the Petitioner be paid appropriate compensation for his illegal arrest, in deliberate and blatant violation of the provisions of law, as may be determined by this Hon‟ble Court; AND C. Directing that Departmental Action be initiated in terms of the law laid down in Arnesh Kumar v. State of Bihar, 36 (2014) 8 SCC 273, against the unknown erring officials, who were involved in the decision making viz. the arrest of the Petitioner, AND D. Pass any other order(s) as this Hon‟ble Court deems fit, in the facts of the present matter.”

2. Sh. Sanja

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