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TMI Blog2024 (7) TMI 1590X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia, read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), has been filed by the petitioner praying for grant of following reliefs: "A. Declaring the arrest of the Petitioner at the hand of the Respondent as illegal and, inter alia, in gross violation of the provisions of Section 41A of the Code of Criminal Procedure, and against the mandate of law laid down in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 and Amandeep Singh Johar Vs. State of NCT of Delhi and Anr. 2018 SCC Online Del 13448; AND B. Ordering that the Petitioner be paid appropriate compensation for his illegal arrest, in deliberate and blatant violation of the provisions of law, as may be determined by this Hon'ble Court; AND C. Dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... N. Hariharan, learned Senior Counsel appearing on behalf of the petitioner, on the other hand, has argued that the petitioner herein has been challenged his arrest in the present case, primarily on the grounds of non-compliance of Section 41-A of Cr.P.C., directions of Hon'ble Apex Court in case of Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 and violation of fundamental rights of the petitioner guaranteed to him under Article 21 and 22 of Constitution of India. He also states that two other reliefs have been sought in the present petition i.e. grant of appropriate compensation to the petitioner for his illegal arrest and taking action against the erring police officers. Learned Senior Counsel also argues that it is not mandatory fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the learned Sessions Court as per the provisions of law, before approaching this Court. However, this Court is also of the opinion that it is not the non-compliance of Section 41A of Cr.P.C. alone which has been challenged before this Court, but also the manner in which he was arrested, the malafide of arrest and breach of his fundamental rights. Additionally, reliefs such as payment of compensation and taking action against the erring officers who have arrested him without giving him a notice under Section 41A of Cr.P.C. have also been prayed for. 7. As far as the issue of maintainability of a writ petition, in light of availability of alternative remedy is concerned, it will be apt to take note of the observations of the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s is a rule of policy, convenience and discretion. 27.6. In cases where there are disputed questions of fact, the High Court may decide to decline jurisdiction in a writ petition. However, if the High Court is objectively of the view that the nature of the controversy requires the exercise of its writ jurisdiction, such a view would not readily be interfered with." (emphasis supplied) 8. Thus, one of the exceptions to the general rule that a writ petition would not be maintainable when an alternative remedy is available, is when a writ petition has been filed for enforcement of fundamental rights as enshrined in the Constitution of India. As noted above, the petitioner herein has specifically alleged breach of his fundamental rights by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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