2022 (11) TMI 1533

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....karni, Sr. Adv., Mr. Sidharth Dave, Sr. Adv., Mr. Piyush Beriwal, AOR, Ms. Divya Srivastava, Adv., Ms. Vidhi Thaker, Adv., Mr. Dushyant Dave, Sr. Adv., Mr. Sidharth Luthra, Sr. Adv., Mr. Dama Sashadari Naidu, Sr. Adv., Mr. J. Rama Chandra Pal, Sr. Adv. (AAG), Mr. P. Mohith Rao, Adv., Mr. Rohit Kumar Singh, AOR, Mr. N. Srinivas, Adv., Ms. Sweena Nair, Adv., Mr. S.. Udaya Kumar Sagar, AOR, Mr. Angaj....

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....al Procedure was not issued to the accused persons. 3. The same was challenged by the State before the High Court. The State argued that the observations made in the case of Arnesh Kumar Vs. State of Bihar and Another would not be applicable to the facts of the present case. Per contra, the petitioners accused strongly relied on the observations made in Arnesh Kumar (Supra), particularly, in para....

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....ith due respect. 8. The learned Single Judge of the High Court in the impugned judgment has observed thus: "27. A parental guidance by the Supreme Court through the judgment in Arnesh Kumar's case is thus not a sword of Damocles either in respect of police officers or Magistrates who exercise the power of arrest and remand respectively." 9. With great respect to the learned Judge, such observa....

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....(s), if any, stand(s) disposed of. Diary No. 37248 of 2022 15. Permission to file special leave petition is granted. 16. Learned senior counsel appearing for the petitioner(s) as well as learned counsel for the respondent-State agree that the matter needs to be reconsidered by the learned Single Judge on its own merits without being influenced by the observations made by the Division Bench. 1....