Farrukh Rasulov & ANR. v. State NCT Of Delhi

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 198/2025 FARRUKH RASULOV & ANR.

.....Petitioners Through:

Mr. Zahied F Couhan, Ms. Iqura Khan, Ms. Nida Parveen and Mr. Gulshan Jahan, Advocates versus STATE NCT OF DELHI .....Respondent Through:

Mr. Sanjeev Bhandari, ASC (criminal) for the State with Mr. Arjit Sharma and Mr. Nikunj Bindal, Advocates with SI Lovely Priyanka and P.S. Connaught Place SI Rohit Teotia, P.S. North Avenue

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 21.04.2025 1.

This hearing has been done through hybrid mode. 2.

The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

"A. Declare the arrest of the Petitioners as Unwarranted, Arbitrary, illegal and in gross violation of the due procedure of law including Non-Compliance of 41A notice and contravention of Arnesh Kumar Guidelines which is violative of fundamental rights of the Petitioners guaranteed under Article 21 and 22 of the Constitution of India in relation to FIR No. 109/2024 dated 18.04.2024 PS Connaught Place, Delhi, in the interest of justice.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:33:03

B. Quash and/or set aside the Remand Orders passed by Ld. Duty MM, dated 18.04.2024 and Ld. MM, dated 20.04.024, Patiala House Court as null and void as the same being passed in complete violation of all constitutional mandates including failure of the Ld. Magistrates to Assess the Illegality , Irregularity And Correctness of the Arrest of the Petitioners and the procedural lapses/errors with regard to the Arrest facilitated by the concerned police officers/investigation agencies (Respondents)in relation to FIR No. 109/2024 dated 18.04.2024 PS Connaught Place, Delhi, in the interest of justice. C. Direct the immediate release of the Petitioners from judicial custody in relation to FIR No. 109/2024 dated 18.04.2024 PS Connaught Place, Delhi and set them at liberty forthwith . D.

May grant the any reasonable compensation for the illegal arrest of the Petitioners in FIR No. 109/2024 dated 18.04.2024 PS Connaught Place, Delhi, in the interest of justice.in view of the violation of the guidelines and the procedural lapses as laid down in Arnesh Kumar (supra) as deemed appropriate by this Hon'ble Court. E. Any other order, in favor of the Petitioners, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice." 3.

After some arguments, learned counsel appearing on behalf of the petitioner seeks leave to withdraw the instant petition. 4.

Leave granted.

5.

The instant petition is dismissed as withdrawn and disposed of accordingly.

AMIT SHARMA, J APRIL 21, 2025/gs/sc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2025 at 17:33:03