NEH SRIVASTAVA vs STATE GOVT OF NCT OF DELHI THROUGH ITS SECRETARY SHO PS EOW MANDIR MARG DELHI & ORS.

Judgment text excerpt

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th February, 2025 + W.P.(CRL) 702/2025 & CRL.M.(BAIL) 452/2025 & CRL.M.A. 6510/2025 NEH SRIVASTAVA .....Petitioner Through: Mr. Piyush Pathak and Mr. Rohit Yadav, Advs. (M:7440767574) versus STATE (GOVT. OF NCT OF DELHI) & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crml.) with Mr. Aryan Sachdeva & Mr. Abhinav Arya, Advs. with Insp. Rakesh Roshan PS EOW. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA Prathiba M. Singh, J.(Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking, inter alia, issuance of a writ in the nature of habeas corpus for production of the Petitioner who is stated to be under custody in respect of FIR No. 92/2020 dated 7th August, 2020 registered P.S. Economic Offences Wing under Sections 409/420/120B. 3. The Petitioner also seeks to challenge his arrest on 16th November, 2022 under the said FIR and subsequent incarceration for being illegal. The ground on which the arrest has been challenged is that though the Petitioner is stated to be arrested on 16th November, 2022, however, he was produced before the concerned Magistrate only on 18th November, 2022. Hence, Signature Not Verified Signed By:RAHUL W.P.(CRL) 702/2025 Page 1 of 10 Signing Date:05.03.2025 16:20:42 according to the Petitioner, there has been a delay in production of the Petitioner before the concerned Magistrate beyond the prescribed period of 24 hours under Section 57 of Code of Criminal Procedure, 1973. 4. This Court notices that the Petitioner was arrested more than two years ago. He has already filed applications seek