TaxTMI 
TaxTMI 
2024 (8) TMI 1638
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....th, Mr. Arnav Ghai, Advocate, Mr. Rahul Sharma, Advocate and, Mr. Shivam Sharma, Advocate. ORDER ANOOP CHITKARA, J. 1. Challenging the illegal arrest dated 10.06.2024, subsequent remand order dated 11.06.2024, petitioner has come up before this Court by filing the present petition under Article 226 of Constitution of India and also seeks direction to produce CCTV footage of the premises as mentioned in the petition. 2. I have heard counsel for the parties and gone through the record and its analysis would lead to the following outcome. 3. The petitioner was allegedly arrested on 10.06.2024 at 10:30AM from his office premises in Gurugram and was allegedly taken to Police Station DLF, Sector 29, Gurugram. The petitioner claims ....
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....to their parties, as well as internally to Gameskraft employees. Vihaan Kumar continued to represent himself as a founder/investor of Gameskraft and held meetings with various third parties including firms such as Ernst and Young, PWC, Law firms and Government officials etc. towards his expansion plans. He used the personnel of his companies to act as his representative, who carried out his instructions with respect to Gameskraft's business and the details of such persons/entities are M/s Clear Though Advisors (Proprietorship) CLA's GSTIN is registered with the legal name Vihaan Kumar; Sadhan Finserve Private Limited; Vijay Kumar Dhanuka, Sadhan Enterprises (1) Private Limited NSP Innovations LLP, Arthmate Tech P2P Financial Private....
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....#39;s documents. To regain control, company had to invoke a special procedure under the Companies Act,2013, to appoint qualified professional persons as Directors and to remove Umesh Kumar Ram and Rajesh Kumar Lohia from the Board. Vihaan Kumar unilaterally selected and onboarded certain service providers such as Fly Tech Services (Proprietorship) for Software Development and Consultancy services; Ginni Technology (Proprietorship), Skytech Technology (Proprietorship), Synx Technology (Proprietorship) and Key Solutions Technology (Proprietorship) for IT/ITES Services; Flora Engineering (Proprietorship) for General Construction Services and Netaxcess Communications Limited for various services/goods including providing automatic data readers,....
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....wherein it has been explicitly mentioned that petitioner was arrested on 10.06.2024 at 6 PM. He further argued that prior to that petitioner was inquired into but was not arrested. 6. Counsel for the petitioner submits that CCTV footage would show that he was taken away and as such his arrest is illegal detention beyond 24 hours. Even if this argument is taken up on its face value, since there is a difference between when the petitioner is with the investigator for the purpose of joining interrogation and when he was arrested. It is explicitly mentioned that petitioner was arrested on 10.06.2024 at 6PM and was produced on 11.06.2024 at 3:30 PM. Even the time which is taken for transportation is excluded for the purpose of 24 hours. Thus,....
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....atements, he asked to show the same. At 4:30 PM, the bank statements were showed to the petitioner. He perused the bank statements till 5:00 PM. In this way, the petitioner tried to avoid the interrogation and the said interrogation went on till 6:00 PM. Thereafter, the petitioner was arrested in the present FIR at 6:00 PM on 10.06.2024 and the arrest memo was prepared in this regard. Ms. Rima Dewan, wife of the petitioner, was informed regarding his arrest. The CCTV footage of the premises of HUDA City Centre, Gurugram is also available in this regard. Some screenshots of CCTV footage are attached herewith as Annexure R-1 (Colly) for kind perusal of this Hon'ble Court." 9. In the above said para, it has been explicitly mentioned tha....