W.P.(CRL)/2773/2024 of SHASHI KATIYAR Vs STATE OF HARYANA

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(CRL.)2773/2024, CRL.M.A.27100/2024,CRL.M.A.27101/2024, CRL.M.A.27252/2024SHASHI KATIYAR

.....PetitionerThrough:Mr. Deepak Prakash, Mr. NachiketaVachpayee, Mr. Ragul Suresh, Ms.DivyangnaMalikandMs.PriyamvadaSinghSolanki,Advocates.

versus

STATE OF HARYANA

.....RespondentThrough:Mr. Sanjeev Bhandari, Ld. ASC withSI Jogender P.S. Maurya Enclave.

CORAM:HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

%09.09.2024

1.A Criminal Writ Petition under Article 226 of Constitution of Indiaread with Section 528 of BNSS has been filed on behalf of the petitioner todeclare the arrest of the accused Ankush Katiyar and all consequentialproceedings as illegal and in violation of fundamental rights of the petitionerguaranteed under Article 21 and 22 of Constitution of India in relation toFIR No.277/2024 dated 12.04.2024 under Section 120B and 420 IPC andSection 3 HPID Act, P.S. EOW, Gurgaon Sadar and to direct immediaterelease of the accused in the said case.

2.Learned counsel on behalf of Delhi Police has appeared on advanceNotice.

3.Submissions heard.

4.This is an FIR registered at District Gurgaon.The arrest has beenmade by Haryana Police and the accused thereafter had been taken toHaryana.The only role of Delhi Police was that the Police officials hadrecorded the DD entry at P.S Maurya Enclave, about the presence of theOfficials of Haryana Police who had come to Delhi for effecting the arrest ofthe petitioner.The Arrest Memo, if any, has been prepared by HaryanaPolice. Illegality if any, is committed by Haryana Police.

4.The petition does not disclose any cause of action within thejurisdiction of this Court.

5.The petitioner is at liberty to pursue his remedy before the Court ofappropriate jurisdiction.

6.The petition is accordingly disposed of along with the pendingapplications.

SEPTEMBER 9, 2024/va

NEENA BANSAL KRISHNA, J