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Synopsis

A division bench of the Bombay High Court comprising Justice AS Gadkari and Justice PD Naik on Friday reserved the order in a plea filed by Anil Jaisinghani who is accused in the complaint filed by Amruta Fadnavis, wife of Deputy Chief Minister of Maharashtra.

Anil Jaisinghani, a bookie who is accused of threatening to release audio and video clips that purportedly show Maharashtra Deputy Chief Minister Devendra Fadnavis accepting favors, had moved the Bombay High Court to quash the FIR against him. Jaisinghani's daughter, Aniksha Singhani, is also accused in the case registered on a complaint by Amruta Fadnavis.

On February 20, the Malabar Hill police station in Mumbai registered the FIR against Jaisinghani and his daughter under Section 120B (criminal conspiracy) and Section 385 (extortion) of the Indian Penal Code and Sections 8 (induce public servant using corrupt means) and 12 (abetment) of Prevention of Corruption Act.

Jaisinghani has alleged that he was illegally arrested and remanded to police custody. His lawyer argued in the court that Jaisinghani was arrested from Godhra, Gujarat on March 19 for blackmailing and attempting to extort Rs. 10 crores from Fadnavis. Jaisinghani's lawyer further contended that Jaisinghani was not produced before any Magistrate between Godhra and Mumbai and was instead produced before a sessions judge in Mumbai after 36 hours.

Jaisinghani's lawyer also claimed that the husband of the complainant, who is the home minister in the Maharashtra government, was monitoring everything. He argued that he has an FIR against him in Gujarat for the last two years and that the Gujarat police did not arrest him for that FIR.

The Advocate General representing the state and Mumbai police argued that Jaisinghani's arrest was legal and that the state had followed all procedures properly. He informed the court that police had taken "possession" of Jaisinghani on March 19 and wanted to produce him before the competent court in Mumbai. The Advocate General contended that the team took 11 hours to travel from Godhra to Mumbai, and Jaisinghani was arrested on March 20 at 5 pm and then produced before the special court for PC Act at 11 am on March 21.

After hearing arguments from both sides, the court reserved the petition for orders. The court clarified that it could not consider petitions for quashing of FIR under the Prevention of Corruption Act, based on precedents of the Supreme Court. Jaisinghani's lawyer informed the court that they were willing to delete the prayer for quashing the FIR, and that the petition be considered only for illegal arrest.

Meanwhile, the bail plea of Anil Jaisinghani was heard by a Special Court in Mumbai and the order was also reserved by the Mumbai Court. Anil Jaisinghani has been handed over to the Madhya Pradesh Police by the Mumbai Police in another case filed against him. There are other 9 FIRs against Anil Jaisinghani in different states other than the one filed in Madhya Pradesh and Maharashtra.

Case Title: Anil Jaisinghani vs State of Maharashtra