Recently, the Telangana High Court emphasized the importance of upholding the legal rights of the accused as enshrined under Article 22(2) of the Indian Constitution.
The court ruled that producing an accused before a Magistrate beyond the stipulated 24-hour period without obtaining a transit warrant is unconstitutional.
The court, in its order, set aside the remand of the accused and directed that he be released on bail, citing procedural violations by the prosecuting agency.
The case involved Guntupalli Srinivas Rao, who was accused of defrauding individuals by falsely promising to construct villas and apartments. FIR was registered against him and others under Sections 420, 406 and 409 of the IPC. The allegations arose from a complainant, Kartheek Motamarri, who claimed that Rao and his associates had induced him to invest Rs. 1.17 Crores into a villa project in Kollur Village, Ranga Reddy District. Despite the payment, the promised registration of land and the construction of Villas did not materialize and the complainant later discovered that the accused had absconded, transferring the project to another company without securing the promised investments. Rao was arrested on July 17, 2024, but was produced before the Magistrate only the following day, July 18, 2024, after the 24-hour deadline had lapsed.
The Court observed that the detention of the accused beyond 24 hours without obtaining a transit warrant was a clear violation of Article 22(2) of the Constitution and Section 57 of the CrPC. The Court noted that personal liberty is one of the cherished objects of the Indian Constitution, and its deprivation can only be in accordance with the law. The court stated that “Personal liberty is one of the cherished objects of the Indian Constitution and deprivation of the same can only be in accordance with law and in conformity with the provisions thereof, as stipulated under Article 21 of the Constitution. Article 22(2) of the Constitution of India and also Section 57 Cr.P.C., require that person arrested or detained in custody should be produced before the nearest Magistrate within 24 hours of such arrest excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate, and that no such person should be detained beyond such period without the authority of the Magistrate”
The court further emphasized that even a subsequent remand order could not retroactively justify an earlier unlawful detention, stating that “The subsequent remand order made by the Magistrate would not legalize the prior detention which was against the constitutional and legal mandate. Producing the petitioner/A2 before the Magistrate beyond 24 hours without obtaining any transit warrant is violative of Article 22(2) of the Constitution.”
The Court’s decision reiterates the vital importance of adhering to constitutional safeguards regarding personal liberty. The Court made it clear that procedural lapses in handling arrests, such as failing to present the accused within 24 hours, would not be tolerated, ensuring that the legal rights of individuals are preserved in all cases.
Case Title: Guntupalli Srinivas Rao vs The State of Telangana
Citation: Criminal Revision Case No. 781 of 2024
Coram: Justice Justice EV Venugopal
~Siddharth Raghuvanshi
Picture Source :
