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KARNATAKA HIGH COURT
Unknown, J
HEMANTH DATTA @ HEMANTHA @ BABY – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to remand order. (Para 1 , 2) |
| 2. violation of fundamental rights claimed. (Para 3) |
| 3. counterarguments regarding arrest memo compliance. (Para 4) |
| 4. issue for consideration on grounds of arrest. (Para 5) |
| 5. facts regarding arrest and remand order. (Para 6 , 7) |
| 6. judicial precedents on service of grounds of arrest. (Para 8 , 9 , 10) |
| 7. procedural fairness and grounds of arrest. (Para 11 , 12) |
| 8. retrospective application of procedural law. (Para 13 , 14) |
| 9. constitutional implications of retrospective application. (Para 15 , 16) |
| 10. expansion of constitutional guarantees. (Para 17 , 18) |
| 11. court's discretion and implications for future cases. (Para 19 , 20) |
| 12. conclusion and order for release. (Para 21 , 22) |
ORAL ORDER
2. The petitioner has been in judicial custody since 17.02.2023 and has preferred the instant petition challenging his arrest on the grounds that no grounds of arrest were communicated to the arrestee-petitioner, prior to the passing of the impugned order of remand.
I. Assistant Commissioner of Income Tax, Rajkot v. Saurashtra Kutch Stock Exchange Ltd. (2008) 14 SCC 171
III. Manoj Parihar and Ors. v. State of Jammu and Kashmir , (2022
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