Rakesh Kumar Kanojia v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2267 OF 2019 Rakesh Kumar Kanojia .. Petitioner

Versus

The State of Maharashtra & ors .. Respondents ...

Mr. M. Imran Farooqui for the petitioner.

Ms.S.D. Shinde, APP for the State.

CORAM: SHRI RANJIT MORE & SMT. BHARATI H.DANGRE, JJ.

DATED : 18th APRIL 2019 P.C:- Not on Board. On mentioning, taken on board. Heard learned counsel for the petitioner.

The petitioner is challenging the legality of his arrest by the police officer under Section 151(1) of the Code of Criminal Procedure. We find that the petitioner was arrested on 12th April 2019 and thereafter, on the next date, he was produced before the Metropolitan Magistrate by a speaking order under Section 151(3)(a) of the Code of Criminal Procedure authorizing the petitioner's detention. Against the Tilak

2/2 502.doc order of the learned Magistrate, petitioner has a remedy to make representation before the Sessions Court. We are therefore, not inclined to entertain this petition. Petition is dismissed.

Petitioner is however at liberty to file representation against his detention before the Sessions Court. (SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.) Tilak