Kamaluddin Khan v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No. 52900 of 2024 Date of Decision: 23.10.2024 Kamaluddin Khan ...PeƟƟoner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Zaheid F. Chauhan, Advocate Ms. Nita Parween, Advocate and Mr. NiƟn Kaushal, Advocate for the peƟƟoner.

Mr. Aashish Bishnoi, D.A.G., Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 22.08.2024 Hansi City, Haryana 406, 420 IPC Seeking anƟcipatory bail in the FIR capƟoned above, the peƟƟoner has come up before this Court under SecƟon 438 CrPC. 2.

State counsel submits that the peƟƟoner has been arrested rendering the present peƟƟon as infructuous.

3.

Counsel for the peƟƟoner submits that although he was served noƟce under SecƟon 41-A CrPC and there was no necessity of arrest in view of raƟo of judgment of Hon'ble Supreme Court in Arnesh Kumar v/s State of Bihar, (2014) 8 SCC 273, but his arrest is made in gross violaƟon of the fundamental rights and as such he would be given liberty to challenge his arrest as illegal. 4.

Challenge to the violaƟon of fundamental rights need no liberty from the Court. PeƟƟon stands disposed of as infructuous. All pending applicaƟons, if any also stand disposed of.

(ANOOP CHITKARA) JUDGE 23.10.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.10.25 13:11 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh