Bombay High Court
Nawbar Mamu Irani @ Nawbar Yusuf @ Jafari vs State Of Maharashtra And Anr on 3 September, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:36941-DB
WP 3526-2025 (J).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3526 OF 2025
ANAND NAWBAR MAMU IRANI @ .. Petitioner
SUDHAKAR NAWBAR YUSUF ALI JAFARI
SUDAME Age : 57 years, Occ : Housewife
Resident of Indira Nagar, near Irani
Masjid Ambivali, Kalyan(West)
Digitally signed
by ANAND
SUDHAKAR Mother of Ms. Kausar Yusuf Ali Jafari
SUDAME @ Bushi
Date: 2025.09.03 presently at Thane Central Prison
15:11:37 +0530
Versus
1. THE STATE OF MAHARASHTRA
through the Senior Inspector of
Rabodi Police Station,
Thane City.
2. AJIT SHINDE
Senior Police Inspector
attached to Crime Branch Unit No. 3,
Kalyan Police Station.
3. THE POLICE COMMISSIONER,
Thane. .. Respondents
Mr. Rajay Gaikwad a/w. Ms. Shraddha Vavhal, Advocates, for the
Petitioner
Mr. S. V. Gavand, APP, for the Respondent - State
CORAM : RAVINDRA V. GHUGE
&
GAUTAM A. ANKHAD, JJ.
RESERVED ON : 18th AUGUST, 2025
PRONOUNCED ON : 3rd SEPTEMBER, 2025
Anand 1/8
::: Uploaded on - 03/09/2025 ::: Downloaded on - 03/09/2025 21:39:52 :::
WP 3526-2025 (J).odt
JUDGMENT (PER : GAUTAM A. ANKHAD, J.)
1. Rule. Rule is made returnable forthwith. With the consent of the
parties, the Petition is taken up for final hearing and disposal.
2. The Petitioner is the mother of Ms. Kausar Yusuf Ali Jafari @
Bushi ('Kausar/Accused') who is presently lodged at the Thane Central
Prison. The Petitioner has filed the Writ of Habeas Corpus to declare that
Kausar's arrest on 11th May, 2025 is illegal and violates her fundamental rights.
This is on two grounds :-
(i) She was detained for more than 24 hours before being produced before
the learned Magistrate; and
(ii) The reasons for arrest were not furnished to her or her family.
3. We have tried to decipher the Petitioner's case, in a poorly drafted
Petition. The facts that emerge from pages 9 - 13 of the Petition are as
follows :-
(a) On 18th January 2025, a FIR was registered with the Rabodi Police
Station, Thane, vide C.R. No. 39 of 2025 for the offences punishable under
Sections 309(6), 3(5) and 351(3) of the Bhartiya Nyaya Sanhita, 2023
("BNS"). On 9th May 2025, Kausar's brother, one Wasim Yusuf Sayyed @
WP 3526-2025 (J).odt
Wasim Kala was arrested in relation to this Complaint. He was produced
before the learned Magistrate on 12th May, 2025 and sent to police custody.
(b) On page 10 - paragraph 2 of the Petition, it is pleaded that at 6 a.m. on
9th May 2025, Kausar was arrested from Guntakal, One Town Police Station
(Andhra Pradesh). We will assume that this 'One Town Police Station at
Guntakal' exists. She was then brought to her parental home in Kalyan at
7.30 p.m. on 11th May 2025. She was produced before the learned Magistrate
on 12th May, 2025 and remanded to magisterial custody. (In the same
paragraph it is pleaded that Kausar was not produced before the learned
Magistrate, which we will ignore for the time being) whereas on page 9 -
paragraph 2 of the Petition, it is pleaded that Kausar was shown as arrested on
11th May 2025 at 15.21 hours and was brought along with Wasim also before
the learned Magistrate on 12th May, 2025. This was for an alleged offence
registered on 18th January, 2025.
(c) On the basis of the case set out at page 10, it was argued that Kausar was
produced before the learned Magistrate after almost three days. She was not
informed of her grounds for arrest. Thus, her arrest violates her fundamental
rights as well as Sections 47, 48 and 58 of the BNSS. Hence this Petition.
WP 3526-2025 (J).odt
4. Mr. Gavand, learned APP had the onerous task of clearing the
confusion. To simplify matters, he relied upon :-
(i) Affidavit-in-reply dated 14th July, 2025 filed by Santosh Ugalmugale,
Assistant Police Inspector presently attached to the Crime Branch, Unit 3,
Kalyan, Thane City, which explains the offence and procedure followed by the
police;
(ii) Police Case Diary for FIR No. 39 of 2025 registered with the Rabodi
Police Station, Thane; and
(iii) Police Case Diary for FIR No. 775 of 2024 registered with the
Kolsewadi Police Station, Kalyan (East).
5. Mr. Gavand denied the contentions of the Petitioner and submitted
that the present Petition ought to be dismissed. He submitted that the offence
pertains to chain snatching and several FIRs were registered. For the present
case, two FIRs are relevant, namely:-
(i) FIR No. 39 of 2025 registered with the Rabodi Police Station, Thane for
the offences punishable under Sections 309(6), 3(5), 351(3) of the BNS against
unknown persons; and
(ii) FIR No. 775 of 2025 registered with the Kolsewadi Police Station,
Kalyan (East) under Section 304(2) of the BNS again on chain-snatching from
the Informant.
WP 3526-2025 (J).odt
6. Mr. Gavand submitted that there were several FIRs registered in
and around Thane / Kalyan region in respect of similar offences. As per the
directions of the Police Commissioner, the investigation was handed over to
the Crime Branch Unit 3, Kalyan. Several persons including Wasim Yusuf
were arrested in the course of investigation. During such investigation, it was
revealed that Kausar, who was an accused in the Kolsewadi FIR No. 775 of
2025, was likely to be at Guntakal, Andhra Pradesh. On 7 th May 2025, after
taking the relevant permissions, a team of police officials proceeded to
Guntakal, Andhra Pradesh. At Guntakal, as Kausar gave evasive responses, a
notice under Section 179 of the BNSS was served on her, directing her to
report before Crime Branch Unit 3, Kalyan at the earliest. The said notice is
annexed to the reply affidavit. Corresponding entries were also made in the
Station Diary on 7th May, 2025 prior to departure from the Crime Branch Unit
and again on 10th May, 2025 after the team's return from Guntakal. It is, thus,
submitted that the Accused, Ms. Kausar, was neither arrested on 9 th May, 2025
nor brought from Guntakal to Mumbai/ Kalyan by the said team.
7. Meanwhile, on 11th May 2025, Wasim Yusuf, who had been
arrested in FIR No. 39 of 2025, disclosed to the police that the stolen jewellery
had been handed over to the Accused. It is submitted that Mr. Kiran Bhise, PSI
WP 3526-2025 (J).odt
received information that the Accused had come to Kalyan. A search was
accordingly conducted, and on the same day, the Accused was located at
Vadvali village by PSI Bhise and thereafter brought to the Crime Branch Unit
with the assistance of lady constable Ms. Jyotsna Kumbhare. The Accused was
taken for medical examination at 15:10 hours and was arrested at 15:21 hours
on 11th May, 2025. She was served with a memo setting out the grounds of
arrest, which she acknowledged by signing the office copy. Her family was
also informed of the grounds of arrest. On 12 th May 2025, at 13:05 hours, the
Accused was produced before the learned Magistrate within the stipulated
period of 24 hours. It was, therefore, submitted that the Accused was arrested
strictly in accordance with the procedure prescribed under the BNSS. In view
thereof, Mr. Gavand contended that the Petition is without merit.
8. We have perused the record and heard the learned Counsels for the
parties. We have also examined the Police Case Diaries relating to FIR No.
39 of 2025 registered at Rabodi Police Station, Thane, and FIR No.
775 of 2024 registered at Kolsewadi Police Station, Kalyan. In our view, the
Petition is devoid of merit. The contradictions noted herein above are sufficient
to warrant its dismissal. Nevertheless, for the purposes of this Order, we have
chosen to ignore those contradictions.
WP 3526-2025 (J).odt
9. We have examined the record. It reveals that Kausar's
involvement was disclosed by her brother. The Accused was questioned by the
police on 9th May, 2025 at Guntakal (A.P.) in connection with FIR No.
775 of 2024 registered at Kolsewadi Police Station. She was served with a
notice under Section 179 of the BNSS in the presence of the local police and
directed to report to the Crime Branch at Kalyan for further inquiry before the
case IO. The office copy bears the endorsement of the SHO, Guntakal, One
Town Police Station. We have also perused the Station Diary of Kolsewadi
Police Station for the period between 7th and 10th May, 2025. The record makes
it clear that the Accused was not arrested at Guntakal.
10. The record further shows that the Accused was arrested on 11th
May, 2025 by another police team near Vadavali village in Kalyan District,
which was distinct from the team that had visited Guntakal. Kausar's arrest
was in connection with FIR No. 39 of 2025 registered at Rabodi Police Station,
Thane. Following her arrest, she was brought to the Crime Branch office at
Kalyan with the assistance of a lady constable, taken for medical examination
the same day, and formally arrested at 15:21 hours on 11 th May, 2025. She was,
thereafter, produced before the learned Magistrate at 13:05 hours on 12 th May
2025. Hence, we find no violation of Section 58 of the BNSS.
WP 3526-2025 (J).odt
11. We also find that the Accused was furnished with the grounds of
arrest, which she duly acknowledged by signing the arrest memo annexed at
page 72 of the Reply Affidavit. The grounds of arrest were further
communicated to the relatives of the Accused, who were present to oppose the
remand Application, and their acknowledgement is annexed at page 73 of the
Reply Affidavit. The learned Magistrate has recorded his satisfaction regarding
compliance with Sections 47 and 48 of the BNSS. We find no reason to
disbelieve the same. The learned Magistrate accordingly remanded the
Accused to judicial custody. This Petition for Habeas Corpus, being devoid
of merit, stands dismissed. Rule is discharged with no order as to costs.
[GAUTAM A. ANKHAD, J.] [RAVINDRA V. GHUGE, J.]
