Man Denied Release in High-Stakes Custody Battle.
29 April 2024
Human Right Law >> Civil & Consumer Law | Bail and Antcipatory Bail >> Criminal Law | FIR >> Criminal Law
A man embroiled in multiple legal cases was denied release in a recent court battle. The Petitioner, whose name is not disclosed in the judgement, argued that his detention crossed the legal limit of 24 hours and hence was illegal.
The Petitioner was already in judicial custody for a separate case when police sought him for questioning in connection with a new FIR. He argued that this new detention violated Section 167 of the Code of Criminal Procedure, which mandates that arrested individuals must be produced before a magistrate within 24 hours.
The court, however, concluded that the 24-hour clock started ticking only when the petitioner was formally arrested for the new case, which they determined to be 2.30 am on March 28, 2024. Since he was produced before the court within 24 hours of that time, the detention was deemed legal.
The Petitioner further argued that he should have been produced before a special court under a different act, considering the nature of the new FIR. The court, however, disagreed and found the production before the magistrate to be valid in this specific situation.
Finally, the Petitioner claimed a violation of his right to freedom under Article 22(2) of the Indian Constitution. The court rejected this argument as well, stating that since the detention was legal, there was no violation of his fundamental rights.
The Petition was ultimately dismissed. However, the court clarified that the Petitioner has the right to challenge the order remanding him to police custody through a separate legal course.
Maharashtra Protection Of Interest Of Depositors (In Financial Establishments) Act, 1999