Bombay High Court
Gopal Chandrakant Angchekar vs The State Of Maharashtra And Anr on 2 August, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
2024:BHC-AS:31315-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST) NO. 14935 OF 2024
Gopal Chandrakant Angchekar
Age : 55 Years,
R/at : 8, Shivprasad Chawl, Sarvoday
Nagar, J. M. Raod, Bhandup West,
Mumbai.
(Presently in judicial custody)
.. Petitioner
Versus
1. The State Of Maharashtra
2. Sr. Inspector of Police,
(Tilaknagar Police Station, Dombivali,
Mumbai.) .. Respondents
...
Mr. Rishi Bhuta a/w Ms. Neha Patil, Mr. Ashish Dubey, Mr.
Ujjwal Gandhi, Mr. K. R. Shah, Ms. Ankita Bamboli, Ms.
Saakshi Jha, Ms. Prateek Dutta, Ms. Risha Rathod, for the
Petitioner.
Ms. S. S. Kaushik, A.P.P. for the State/Respondent.
Mr. Sanjeev H. Nimbalkar, API, EOW, Thane City, is present.
...
CORAM : BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATED : 2nd AUGUST, 2024
ORAL JUDGMENT (PER : BHARATI DANGRE) :-
Chaitanya
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1. Rule. Rule made returnable forthwith with the
consent of the parties, the matter is taken up for final hearing.
2. The Petitioner came to be arrested on 17.04.2024
by the police officials of Tilaknagar Police Station, Dombivli,
District Thane, in connection with C.R. No. 271 of 2020 dated
25.03.2024, registered with the concerned police station.
He was produced before the Special Court for MPID
Cases, Kalyan on the same date and the Court remanded him
to police custody on 22.04.2024 and thereafter by order dated
22.04.2024, he has been remanded to judicial custody.
3. The Petitioner has filed the present Writ Petition,
seeking a declaration that his arrest is illegal and in gross
violation of the rights conferred on him, under Article 21 and
22 of the Constitution of India, as there is no adherence to the
law laid down as regards the arrest and specific reliance is
placed on Section 50 of the Code of Criminal Procedure
("Cr.P.C."), which lend support to the mandate ensuring in
Article 21 of the Constitution of India. In addition, the reliance
is also placed upon the decision of the Hon'ble Apex Court in
the case of Pankaj Bansal V/s. Union of India And Ors.,
delivered on 03.10.2023, wherein it is held that we shall made
it imperative to inform the arrested person of the grounds of
arrest in writing, the offence with which the Court was
concerned though pertain to PMLA.
4. While advancing his submissions, the learned
counsel has placed reliance upon the subsequent decision of
Chaitanya
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the Hon'ble Apex Court, in case of Prabir Purkayastha V/s.
State (NCT of Delhi) delivered on 15.05.2024, as well as the
decision of this Court in case of Mahesh Naik V/s. The State of
Maharashtra And Anr., delivered on 18.07.2024, where the
law laid down by the Hon'ble Apex Court, having binding effect
on all, was made applicable to such an arrest which fell short
of the compliances, which were directed to be ensured by the
Hon'ble Apex Court, in case of Pankaj Bansal and Prabir
Purkayastha.
5. On the last date of hearing, we asked the learned
A.P.P. to ascertain the facts of the case. Today Ms. Kaushik has
placed before us the Station Diary dated 17.04.2024 of Tilak
Nagar Police Station, in connection with C.R. No. 271 of 2024
and on its reading it is evidently clear that at the time of
effecting arrest of the present Petitioner under the provisions
of MPID Act, it is noted that as the history of the offence was
explained to him and he was also informed about the reasons
for his arrest and even intimation of his arrest was given to
Shri. Omkar Gopal Angchekar, the son of the Petitioner.
6. What the law laid down by the Hon'ble Apex Court,
which is followed by us in the case of Mahesh Naik contemplate
is communication of the grounds of arrest in writing and as in
case of Pankaj Bansal, their Lordship of the Hon'ble Apex
Court has drawn a distinction between the 'reasons of arrest'
and the 'grounds of the arrest' and specifically recorded that
the grounds of arrest are required to be furnished, which shall
contain all such details in the hand of the Investigating Officer
Chaitanya
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which necessitated the arrest of the accused and it is
imperative that they must be conveyed in writing, so that all
the basic facts for which he is arrested would provide an
opportunity of defending himself against the custodial remand
for seeking bail.
7. Having failed to adhere to the authority/
pronouncement of the Hon'ble Apex Court as well as the
decision of this Court in case of Mahesh Naik, we are inclined
to grant relief in prayer of the Petition, by declaring that his
arrest in connection with FIR No.271 of 2024 on 25.03.2024,
by Tilak Nagar Police Station, Dombivli East, is illegal being in
gross violation of the rights, guaranteed him under Article 21
and 22 of the Constitution of India, alongwith Section 50 of the
Cr.P.C.
8. Rule is made absolute in terms of prayer clause (A)
and (B).
(MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.)
Digitally
signed by
CHAITANYA
CHAITANYA ASHOK
ASHOK JADHAV
JADHAV Date:
2024.08.07
12:28:47
+0530
Chaitanya
