Disposed

Arsalan Salil Shaikh and Anr. v. State of Maharashtra and Anr.

Bombay HC10 May 2024WP/1905/2024

Case brief

AI extract

What is this about?

Petitioners alleged illegal detention exceeding 12 hours without compliance with D.K. Basu directions and sought relief over an FIR. Since investigation concluded and a chargesheet was filed, the court held prayer clauses (b) to (d) did not survive, reserving the statutory remedy, and kept only the illegal-detention prayer pending, adjourning to 19 July 2024.

What did the court decide?

Prayer clauses (b)-(d) disposed as not surviving with alternate remedy reserved; prayer clause (e) on alleged illegal detention kept pending; adjourned to 19/07/2024 for reply.

Arsalan Salil Shaikh and Anr. vs State of Maharashtra and Anr. — Quashing and FIR | Bombay HC (2024)

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RVC 11 Wp-1905-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1905 OF 2024

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Arsalan Salil Shaikh And Ors.

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… Petitioners

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V/s.

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The State of Maharashtra & Ors.

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… Respondents

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Mr. Zeeshan Siddique through Video Conferencing a/w Ms. Zubi Ansari, Mr. Mohsin Yasin Khan, Mr. Hashim T. Ansari, Mr. Iliyas Deshmukh and Mrs. Naseembanu I. Deshmukh for Petitioners.

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Mr. Anand Shalgaonkar, A.P.P. for Respondent No.1-State.

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CORAM : A. S. GADKARI AND

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SHYAM C. CHANDAK, JJ. DATE : 10^th May 2024.

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P.C. :

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(1) Learned A.P.P. on instructions from Police Sub-Inspector Ms.

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Pooja Chavan, attached to Khopoli Police Station, District Raigad, submitted that, after completion of investigation of present crime, the Police have filed chargesheet in the Court of Judicial Magistrate First Class, Khalapur, District Raigad and the said case is numbered as R.C.C. No.63 of 2024.

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(2) In view thereof, the Petitioners are having alternate remedy under the provisions of the Criminal Procedure Code before the trial Court.

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(3) In view of the above, prayer clauses (b), (c) and (d) of the Petition, do not survive. By reserving the said remedy in favour of the Petitioners, the Petition is disposed off asfar as prayer Clauses (b), (c) and

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RVC 11 Wp-1905-2024.doc

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(d) are concerned.

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(4) Asfar as prayer Clause (e) is concerned, it is the contention of the learned Advocate for the Petitioners that, the Petitioners were illegally detained for more than 12 yours in the police station without complying with the necessary directions issued by the Hon’ble Supreme Court in the case of

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D.K. Basu Vs. State of West Bengal, reported in A.I.R. 1997 S.C. 610.

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(5) In view thereof, the Petition survives with respect to the prayer

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clause (e) only.

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(6) Learned A.P.P. seeks time to file a brief reply.

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(7) At his request, stand over to 19^th July, 2024.

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( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. )

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Digitally signed by RAJESH RAJESH VASANT VASANT CHITTEWAN CHITTEWAN Date: 2024.05.13 15:16:01 +0530

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Arsalan Salil Shaikh and Anr. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Arsalan Salil Shaikh and Anr. v. State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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