Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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The HC held that the arrest of the petitioner on 30th November 2024 was illegal and the remand order dated 30th November 2024 was set aside. The petitioner was directed to be released from judicial custody forthwith, if not required in any other matter. The HC found discrepancies in the summons issued to the petitioner, raising doubts about the detention process. The remand order failed to address the issue of non-supply of written grounds of arrest, amounting to a mechanical order without application of mind. The HC emphasized that the pre-conditions for arrest act as stringent safeguards to protect the life and liberty of individuals.
The HC held that the arrest of the petitioner on 30th November 2024 was illegal and the remand order dated 30th November 2024 was set aside. The petitioner was directed to be released from judicial custody forthwith, if not required in any other matter. The HC found discrepancies in the summons issued to the petitioner, raising doubts about the detention process. The remand order failed to address the issue of non-supply of written grounds of arrest, amounting to a mechanical order without application of mind. The HC emphasized that the pre-conditions for arrest act as stringent safeguards to protect the life and liberty of individuals.
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