Punjab-Haryana High Court
Kamaluddin Khan vs State Of Haryana on 23 October, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 52900 of 2024
Date of Decision: 23.10.2024
Kamaluddin Khan ...Pe oner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Zaheid F. Chauhan, Advocate
Ms. Nita Parween, Advocate and
Mr. Ni n Kaushal, Advocate
for the pe oner.
Mr. Aashish Bishnoi, D.A.G., Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta on Sec ons
514 22.08.2024 Hansi City, Haryana 406, 420 IPC
Seeking an cipatory bail in the FIR cap oned above, the pe oner has
come up before this Court under Sec on 438 CrPC.
2. State counsel submits that the pe oner has been arrested rendering the present pe on as infructuous.
3. Counsel for the pe oner submits that although he was served no ce under Sec on 41-A CrPC and there was no necessity of arrest in view of ra o of judgment of Hon'ble Supreme Court in Arnesh Kumar v/s State of Bihar, (2014) 8 SCC 273, but his arrest is made in gross viola on of the fundamental rights and as such he would be given liberty to challenge his arrest as illegal.
4. Challenge to the viola on of fundamental rights need no liberty from the Court. Pe on stands disposed of as infructuous. All pending applica ons, if any also stand disposed of.
(ANOOP CHITKARA)
JUDGE
23.10.2024
Jyo Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
Jyoti Sharma
2024.10.25 13:11
1
I attest to the accuracy and
authenticity of this order/judgment High Court, Sector 1, Chandigarh