https://www.taxtmi.com/caselaws?id=460573 A writ petition challenging arrest, alleged mala fides, and breach of fundamental rights was held maintainable at the threshold despite the availability of an alternative remedy. The court noted that the grievance was not limited to alleged non-compliance with Section 41A CrPC, but extended to the manner and legality of arrest. The ordinary rule against entertaining writ jurisdiction where another remedy exists is not absolute, and it yields where the petition seeks enforcement of fundamental rights and the controversy warrants immediate judicial scrutiny. Notice was directed to the respondent. en-us Mon, 01 Jul 2024 00:00:00 +0530 Mon, 03 Feb 2025 13:30:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=460573 A writ petition challenging arrest, alleged mala fides, and breach of fundamental rights was held maintainable at the threshold despite the availability of an alternative remedy. The court noted that the grievance was not limited to alleged non-compliance with Section 41A CrPC, but extended to the manner and legality of arrest. The ordinary rule against entertaining writ jurisdiction where another remedy exists is not absolute, and it yields where the petition seeks enforcement of fundamental rights and the controversy warrants immediate judicial scrutiny. Notice was directed to the respondent. Case-Laws Indian Laws Mon, 01 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=460573