Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
We have heard the learned counsel for the petitioner asnwell as the learned APP for the State and after going throughnthe reply affidavit and the documents annexed with the reply affidavit, we do not find any grounds of arrest being communicated to the petitioner. From the arrest panchanama it is evident that, information is given to his wife on the cell number provided by him, apart from which, there are no grounds of arrest mentioned in the arrest surrender form.
{Para 6}
7. It is the requirement of Section 50 of the Cr.P.C. that an accused, who is being arrested without warrant to be forthwith communicated about the full particulars of the offence for which he is arrested or the other grounds for such arrest. The petitioner has alleged non-compliance of Section 50 of the Cr.P.C. as also Article 22(1) of the Constitution of India, by relying upon law laid down by the Apex Court in this regard. Therefore, it is a specific contention of the petitioner that, there is a violation of his constitutional as well as statutory rights.
8. After considering the submissions as well as the documents produced on record, we do not find grounds of arrest being communicated to the petitioner as contemplated by Section 50 of the Cr.P.C. and explained by this Court as well as the Hon’ble Apex Court in its various judicial pronouncements. We are satisfied that there is a flagrant violation of Section 50 of the Cr.P.C. as well as Article 22(1) of the constitution of India, and since the grounds of arrest are not communicated to the petitioner, making his arrest illegal.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION (STAMP) NO.17029 OF 2024
Sachin Mahipati Nimbalkar Vs The State of Maharashtra
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 23rd OCTOBER, 2024
Order : (Per Manjusha Deshpande, J.):-
