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DILLIP KUMAR BARAL v. RASMI RANJAN PRUSTY

Supreme Court of India | Diary 42664/2023

Status

Order

Decided On

2024-12-05

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Petitioner

DILLIP KUMAR BARAL

Respondent

RASMI RANJAN PRUSTY

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S).5045 OF 2024 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).7303/2024)

DILLIP KUMAR BARAL APPELLANT(S)

VERSUS

RASMI RANJAN PRUSTY & ORS. RESPONDENT(S)

O R D E R

1. Heard the learned counsel appearing for the petitioner and the

learned counsel appearing for first to sixth respondents. Other

respondents have been served. However, none has entered appearance

on their behalf.

2. Leave granted.

3. The appellant filed a petition under Article 226 of the

Constitution of India before the High Court alleging that his

arrest was illegal. Apart from many other contentions, his

contention was that the Police officials have violated the law laid

down by this Court in the case of Arnesh Kumar vs. State of Bihar &

Anr.1. The impugned order reads thus:

“1. This matter is taken up through hybrid arrangement.

2. Learned counsel for the petitioner is directed to approach the Court where the matter is pending ventilating his grievance by way of application as provided under Cr.P.C.

3. The CRLMP is accordingly, disposed of.”

4. This was a case where serious allegations of violation of

rights under Article 21 of the Constitution of India were made. The

contention in short was that the arrest of the appellant was

1 (2014) 8 SCC 273

1

ill...

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