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ARTICLE · 22 MARCH 2023

White-Collar Crimes News Updates

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The Petitioners, Chanda Kochar and Deepak Kochar filed petitions under Article 226 of the Constitution of India, 1950 and under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking...

IndiaCriminal Law
Aman Avinav
Aman Avinav
Rahul Tyagi
Rahul Tyagi
Anushka Singh
Anushka Singh
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DATE

DETAILS OF THE RECENT DEVELOPMENTS

CASES

09.01.2023

The Petitioners, Chanda Kochar and Deepak Kochar filed petitions under Article 226 of the Constitution of India, 1950 and under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking: a) quashing of FIR registered under Sections 120B and 420 of the Indian Penal Code, 1860 b) quashing of their illegal arrest and c) quashing of remand orders passed by the CBI Court. The petitions were being heard only for considering whether the arrest of the petitioners was illegal, i.e., contrary to the constitutional mandate and statutory provisions.

The Bombay High Court observed that arrest may be authorised only if the concerned officer has “reason to believe” and there is “satisfaction qua an arrest” that the person has committed an offence.

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