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The plea filed by the bookie stated that non-compliance of the mandatory provisions of the CrPC by the police officials concerned has caused grave prejudice.
Anil Jaisinghani, a bookie accused in a case filed by Amruta Fadnavis, wife of the Deputy Chief Minister of Maharashtra, has moved the Bombay High Court seeking to quash the case against him.
The plea was filed through advocate Manan Sanghai which stated that Jaisinghani was arrested illegally and should be released immediately. It also sought direction to have the sessions court's remand order quashed.
The Malabar Hill police station had registered a first information report (FIR) against Jaisinghani and his daughter, Aniksha Singhani, on February 20 for allegedly threatening to make public certain audio and video clips that purportedly show Fadnavis accepting favours from Aniksha.
According to the complaint, Aniksha befriended Amruta over the past few months and gained her trust. She also allegedly asked Amruta to help get rid of cases against her father, after which Amruta blocked her. A few days later, Aniksha allegedly sent recordings to Amruta to blackmail her, after which a complaint was lodged.
Jaisinghani has been booked for offences under Section 120B (criminal conspiracy) and Section 385 (extortion) of the Indian Penal Code and Sections 8 (inducing a public servant using corrupt means) and 12 (abetment) of the Prevention of Corruption Act. Jaisinghani has claimed that the arrest was in violation of Sections 41 and 41A of the Criminal Procedure Code (CrPC), which lay down the procedure for arrest.
The plea claimed that Jaisinghani had been arrested on March 19 for allegedly blackmailing and attempting to extort ₹10 crores from Amruta Fadnavis. However, the prosecution claimed that Jaisinghani was arrested on March 20 and produced before the sessions court on March 23. He was remanded to police custody until March 27. His daughter, meanwhile, was arrested on March 16 and remanded to police custody until March 23.
The plea further claimed that the delay in producing the accused before the Magistrate and non-compliance of the mandatory provisions of the CrPC by the police officials concerned has caused grave prejudice to the accused. Jaisinghani has claimed that his fundamental rights guaranteed under the constitution have been violated, and he has sought directions from the court to declare the detention of the petitioners as "illegal.”
Case title: Anil Jaisinghani & Anr. vs State of Maharashtra & Anr
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