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(cid:21)(cid:12)(cid:9)(cid:1)(cid:13)(cid:21)(cid:11)(cid:23)(cid:10)(cid:15)(cid:21)(cid:2)(cid:13)

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Reserved on: 17.01.2025 Pronounced on: 30.01.2025 Ashish Kakkar ..... Petitioner Versus UT of Chandigarh ......Respondent (cid:1)(cid:16)(cid:2)(cid:21)(cid:3)ti (cid:13)(cid:16)(cid:11)(cid:26)(cid:22)(cid:27)(cid:14)(cid:9)(cid:3)(cid:2)(cid:28)(cid:9)(cid:20)(cid:17)(cid:29)(cid:12)(cid:10)(cid:1)(cid:14)(cid:9)(cid:2)(cid:21)(cid:20)(cid:14)(cid:29)(cid:13)(cid:9)(cid:22)(cid:13)(cid:21)(cid:2)(cid:23)(cid:30)(cid:21)(cid:20)

Present: Mr.Sanjay Kaushal, Senior Advocate with Mr. Arjun Kaushal, Advocate and Mr. Abhimanyu Kaushal, Advocate, for the petitioner.

Mr. Amit Jhanji, Senior Standing Counsel with Mr. Hakikat Grewal, Advocate, Mr. Shashank Sharma, Advocate and Mr. Rahul Vij, Advocate, for the respondent UT Chandigarh.

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1. Present petition has been filed under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashing of impugned arrest order of the petitioner dated 30.12.2024 in FIR No.33/2022, dated 03.09.2022, registered under Sections 384, 420, 468, 471, 509 and 120(cid:1)B IPC, at Police Station Cyber Cell, Chandigarh and all the consequential proceedings arising therefrom including the impugned order dated 30.12.2024 passed by the Court of learned JMIC, Chandigarh remanding the petitioner to three days police custody.

2. Succinctly, facts of the case are that the FIR in the present case has been lodged on the statement of the complainant, namely, Arvind Kumar. It was alleged that he received an SMS on his mobile phone No.9216020505 for loan, which contained a link. Upon clicking, an application of Hugo loan was opened, which requested his access and he allowed. He filled up his details and his loan eligibility was shown as of Rs.3,500/(cid:1). He did not require the loan and hence, he uninstalled the application, but thereafter, he received a whatsapp call from numbers +37125218379, +6283146262636, +919910429137 and was threatened by demanding money. He was told that access of his gallery and contact was with them. Thereafter, they started sending his and his family members nude photos after morphing through whatsapp and started demanding money. Thereafter, he received a call from phone No.7015153485 that if he would not give the money, then his photos would be made viral. The payment link was sent to him. Out of fear, he sent Rs.2,045/(cid:1) on 24.08.2022 and Rs.3,500/(cid:1), Rs.3,500/(cid:1) on 30.08.2022. Despite that, threat of making his photos viral kept on coming and demand of money continued. He prayed that as he was being blackmailed, action be taken against the culprits. On registration of the FIR, the investigation commenced. During the investigation, the Investigating Agency found complicity of various accused and arrested them. On 29.12.2024, co(cid:1)accused Manoj Rathore was arrested and during his interrogation, he made disclosure about the complicity of one Puneet Kumar and Ashish Kakkar (petitioner). Thus, the petitioner was arrayed as an accused. Investigating Agency arrested the accused petitioner on 30.12.2024 from Hotel Jaypee Siddharth, Rajender Nagar, New Delhi. He was produced before learned Illaqa Magistrate on 30.12.2024 at 6:00 p.m. Learned Magistrate remanded the petitioner to the police custody for 3 days vide impugned order dated 30.12.2024. Aggrieved by the same, the petitioner is before this Court by way of filing the present petition.

3. Learned Senior counsel for the petitioner while opening his arguments, h