TaxTMI 
TaxTMI 
2025 (2) TMI 1571
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....ist as it has been listed upon urgent mentioning. 4. The present petition seeking a writ in the nature of habeas corpus has been filed on behalf of the Petitioner. The facts that have transpired as per the petition, are that the Petitioner was first detained on 16th February, 2025, around 05:13 PM by the SHO Beta-II Police Station at Gautam Budh Nagar, (Noida) UP and was released at 9:30 PM on the same day. 5. Again, on 18th February, 2025 i.e., yesterday, he was intercepted near Shivaji Stadium, Connaught Place, New Delhi by U.P. police without any prior information being given to the Delhi Police and has been taken to an unknown location. His whereabouts were thereafter not known. Hence, the present petition, seeking his production. 6. Today, in the morning, when the matter was listed and taken up in the supplementary list, ld. Counsel for the Petitioner submitted that the suspicion is that the UP Police has picked up the Petitioner and have not produced him before any Court. It is further alleged that the Petitioner ought to be traced and produced. Ld. Counsel for the Petitioner further submitted that the protocol in cases where inter-state police arrest was made, was a....
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....o, Standing Counsel (Crl.) further submits that, as per the inquiries made and instructions received presently, at the spot where the Petitioner is alleged to have been picked up, there is no CCTV footage available. However, there are certain movements of cars, which have been captured at some locations on CCTV. 10. Mr. Mittal, ld. Counsel entered appearance for the State of U.P. and submitted that he had received the paper book just half an hour ago. He needs time to make submissions. As per instructions received at this stage, it is submitted by Mr. Mittal, ld. Counsel, that an FIR 0074/2025 dated 18th February, 2025 at PS Beta II, Greater Noida, Gautam Budh Nagar, UP has been registered in view of various allegations raised against the Petitioner by the Co- Promoters 'DS Group' about certain incidents alleged to have occurred at the Grand Venice Mall, Greater Noida, UP. A copy of the FIR has been passed across to the Court. It is submitted by Mr. Mittal that the Petitioner has been produced before ACGM-II, Gautam Budh Nagar, Noida and the arguments on remand have been heard. The Petitioner has also prayed for bail therein. The order is stated to have been reserved. 11. Mr.....
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.... of incriminating evidence or the procurement of arrest/search warrant would defeat the purpose. The Police Officer must record reasons as to what were the compelling reasons to visit other State without getting arrest/search warrants. 3. Before proceeding outside the State, the police officer must make a comprehensive departure entry in the Daily Diary of his Police Station. It should contain names of the police officials and private individuals accompanying him; vehicle number; purpose of visit; specific place(s) to be visited; time and date of departure. 4. If the possible arrestee is a female, a lady police officer be made part of the team. The Police Officers should take their identity cards with them. All police officers in the team should be in uniform; bear accurate, visible and clear identification and name tags with their designations. 5. Before visiting the other State, the Police Officer must endeavour to establish contact with the local Police Station in whose jurisdiction he is to conduct the investigation. He must carry with him the translated copies of the Complaint/FIR and other documents in the language of the State which he intends to v....
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....fly set out reasons for his decision. (Manubhai Ratilal Patel v. State of Gujarat, (2013) 1 SCC 314) 12. Another mandatory procedural requirement for the Magistrate considering a transit remand application is spelt out in Article 22 (1) of Constitution of India. This entitles the person arrested to be informed as soon as may be the grounds of such arrest. The Magistrate has to ensure that the arrested person is not denied the right to consult and to be defended by a legal practitioner of his choice. The Magistrate should ask the person arrested brought before him whether in fact he has been informed of the grounds of arrest and whether he requires to consult and be defended by any legal practitioner of his choice. (DK Basu, Supra) After the pronouncement of this judgment by the Hon'ble Supreme Court, new Sections 41A to 41D have been added to prevent unnecessary arrest and misuse of powers. Denying a person of his liberty is a serious matter. 13. In terms of S. 41C, control rooms be established in every district. Names and addresses of the persons arrested and designation of the Police Officers who made the arrest be displayed. Control Room at State level must....
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.... it is lawful for the police officer to do so. Denying a person of his liberty is a serious matter. 19. Medical examination soon after arrest to avoid possibility of physical torture during custody should be conducted. 20. The IO must maintain a complete and comprehensive case diary indicating the investigation carried out by him. 21. The log book of the vehicle used for transportation must be maintained and signed. The IO must indicate whether the vehicle was official or a private one; name of its driver and how and by whom it was arranged. Only official vehicle should be used for transportation to the extent possible. 22. At the time of recovery of the prosecutrix, the police officer, if he is satisfied that she is adult, should ascertain from her at the spot, whether she was present there with her free will. If the victim/prosecutrix is not willing to accompany the police officer or her relatives, the police officer must not exert force on the prosecutrix to take her away against her wishes. However, if the prosecutrix/victim of her own accord expresses willingness to accompany the police officer/relatives, her consent in writing should be obt....