AI Overview...
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Mihir Rajesh Shah Case - Grounds of Arrest and Violation of Rights
The case centers on the illegal arrest of Mihir Rajesh Shah, which was deemed unlawful due to the failure to communicate the grounds of arrest as mandated by Article 22(1) of the Indian Constitution and Section 50 of the Code of Criminal Procedure. Multiple judgments (e.g., Rajendra Naik vs State of Odisha - Orissa, Rajendra Naik vs State of Odisha - Orissa, Vishnu N.P. S/o Manoj vs State of Kerala - Kerala) emphasize that non-communication renders the arrest and subsequent remand invalid, violating the appellant’s constitutional rights.
Analysis and Conclusion: The courts consistently held that failure to inform the accused of grounds of arrest invalidates the arrest, underscoring the importance of procedural safeguards under Article 22(1). The decision in Mihir Rajesh Shah v. State of Maharashtra reaffirms that such violations vitiate subsequent proceedings. -
Legal Proceedings and Appellate Decisions
The appellant challenged judgments through various appeals and petitions, arguing procedural lapses and violations of constitutional rights (e.g., Gail (India) Ltd. VS Filatex India Ltd. - Gujarat, STATE OF GUJARAT VS MAHESHBHAI BALABHAI PARMAR - Gujarat, DASHRATHLAL M. PATEL HEIRS & L. R. of MAGANBHAI JOITARAM VS STATE OF GUJARAT - Gujarat). Courts reviewed evidence, procedural adherence, and the legality of actions taken against the appellant, often emphasizing the significance of proper communication and adherence to legal protocols.
Analysis and Conclusion: The appellate courts reinforced the principle that procedural lapses, especially regarding communication of grounds of arrest, are grounds for quashing arrest and subsequent proceedings, as seen consistently in the cited judgments. -
Related Cases and Principles
Several references to other cases (e.g., Ramesh Babulal Doshi, Ibrahim Shah Mohamad) highlight judicial consistency in protecting individual rights against procedural violations. The Supreme Court’s stance, as cited in Vishnu N.P. S/o Manoj vs State of Kerala - Kerala, underscores the criticality of proper communication and procedural compliance to uphold constitutional protections.
Analysis and Conclusion: These precedents establish that procedural violations, particularly in arrest procedures, are not merely technicalities but fundamental rights that safeguard against abuse of authority.
Overall Summary:
The core issue in Mihir Rajesh Shah’s case revolves around the illegal arrest due to non-communication of grounds, violating constitutional rights under Article 22(1). The courts have consistently held that such procedural violations invalidate subsequent proceedings, emphasizing the importance of safeguarding individual rights through strict adherence to legal protocols. The case reinforces the principle that procedural lapses in arrest procedures compromise the legality of detention and remand, aligning with established legal precedents.
Search Results for "Mihir Rajesh Shah Appellant s"
2025 0 Supreme(SC) 1890 • India - Supreme Court
B. R. GAVAI, AUGUSTINE GEORGE MASIH
(Paras 52 and 53) Facts of the case: The main issue as raised by Appellants in these ... , 1973 now Section 47 of Bharatiya Nagarik Suraksha Sanhita, 2023 as appellants assert that they were not informed of grounds of ... Appeals is violation of Appellants’ right under Article 22(1) of Constitution of India and Section 50 of Code of Criminal Procedure ... Initial investigative steps included the identification of the offending vehicle through CCTV footage, and the discovery near Kalanagar Junction Flyover of the damaged BMW alongside Raj....
2025 Supreme(Online)(Ori) 4109 • India - IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
In a most recent decision in Mihir Rajesh Shah vs. ... Therefore, in the facts of the case, we have no hesitation in holding that the arrest of the appellant was rendered illegal on account of failure to communicate the grounds of arrest to the appellant as mandated by Article22(1) of the Constitution. ... of the order of remand dated 4th October, 2023 which vitiates the arrest and subsequent remand of the appellant.” ... In this case the grounds are several, and are based on numerous....
2025 Supreme(Online)(Ori) 4365 • India - IN THE HIGH COURT OF ORISSA AT CUTTACK
G. SATAPATHY
In a most recent decision in Mihir Rajesh Shah vs. ... Therefore, in the facts of the case, we have no hesitation in holding that the arrest of the appellant was rendered illegal on account of failure to communicate the grounds of arrest to the appellant as mandated by Article 22(1) of the Constitution. ... of the order of remand dated 4th October, 2023 which vitiates the arrest and subsequent remand of the appellant.” ... In this case the grounds are several, and are based on numerou....
2016 0 Supreme(Guj) 2109 • India - Gujarat
RAJESH H.SHUKLA
Shah appearing with learned Advocate Shri Vishwas K. Shah for the Appellant and learned Counsel Shri Mihir J. Thakore appearing with learned Advocate Shri Ramnandan Singh for Opponent No.1. ... 4. Learned Counsel Shri K.I. ... The present First Appeal is filed by the Appellant/Original Applicant challenging the impugned judgment and order rendered in Misc. ... The background of the facts as stated are that the Application has been preferred by the Appellant/Original Applicant under Sec....
2022 0 Supreme(Guj) 1243 • India - Gujarat
ASHOKKUMAR C. JOSHI
Shah for the appellant-State and learned advocate Mr. Mihir Pathak for the respondents at length. 2. ... In our opinion, there is no substance in the contention raised on behalf of the appellant that the High Court was not justified in reviewing the entire evidence and coming to its own conclusions. 31.4. In K. Gopal Reddy vs. State of A.P. ... We find that the High Court has not strictly proceeded in the manner laid down by this Court in Ramesh Babulal Doshi vs. ... It has been argued by the learned co....
2015 0 Supreme(Guj) 655 • India - Gujarat
RAJESH H.SHUKLA
JUDGMENT : ... Rajesh H. Shukla, J. ... 1. ... Shah provides for the sizes of projections and advertisement signs and hoardings and other matters as may be considered necessary for carrying out the objects of this Act. ... Bajpai, 2012 (4) SCC 653 relied upon by the learned Senior Counsel, Shri Mihir Thakore for the petitioners. ... Heard learned Senior Counsel, Shri Mihir Thakore appearing with learned Advocate, Shri Amar Bhatt in Special Civil Application No. 6340 of 2015, learned Senior Counsel, Shri R.S. ... Manisha ....
• India - Crimes
KALIDAS MUKHERJEE, MRINAL KANTI SINHA
No. 1—PW1 stated that only gun shot was fired by appellant on deceased but post-mortem report showed several gun shot wounds on ... were found involved in murder of a person from accused side—Contradiction between FIR and evidence of PW7 and 9 regarding Role of appellant ... Indian Penal Code, 1860—Sections 302/34—Appellants caused death of two persons by gun shot injuries and two eye witnesses were also ... The appellants are acquitted of the charges. The appeal is allowed. Let a copy of this judgment be sent to the Cor....
2012 0 Supreme(Guj) 398 • India - Gujarat
RAVI R.TRIPATHI, PARESH UPADHYAY
But this shows the conduct of the appellant who are trying to invoke extraordinary equitable jurisdiction of this Court under the Constitution. ... Shah learned advocates for the respondents and Mr. L.R. Pujari learned Assistant Government Pleader for the State. ... We have heard Mr.S.B.Vakil learned Senior Counsel with Mr.K.V.Shelat for the appellants in LPA No. 1875/2007 and Mr. Mihir J. Thakor learned Senior Counsel with Mr. Manav Mehta for the appellants in LPA No. 1065/2007. We have also heard Mr. ....
2013 0 Supreme(Guj) 80 • India - Gujarat
RAJESH H.SHUKLA
Procedure Code, 1908 - Order 39, Rules 1 & 2 - Suit - Appeal from Order and against original defendants Nos. 3 & 4 who are the appellants ... Judgment ... RAJESH H. SHUKLA, J. ... 1. ... Counsel Shri Mihir Thakore appearing with learned, Advocate Shri A.B. ... He has also referred to and relied upon the judgment in the case of Ibrahim Shah Mohamad and ors. v. Noor Ahmed Noor Mohamed and ors., reported in 1983(2) GLR 961, and the judgment in the case of Adani Exports Ltd. v. ... Counsel Shri Mihir Thakor....
2025 0 Supreme(Ker) 3186 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.BABU
The views of the Supreme Court on the mode of Communication of the grounds of arrest from Harikisan to Mihir Rajesh Shah . ... State of Kerala, 2025 (5) KHC 203 and Mihir Rajesh Shah v. State of Maharashtra and Another, 2025 SCC OnLine SC 2356 in support of their contentions. ... The learned counsel for the petitioners, relying on Mihir Rajesh Shah v. State of Maharashtra and Another, submitted that the communication of the grounds....
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