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‘Custody within the law’: Bombay High Court rejects Raj Kundra’s petition challenging his arrest in the pornography case

The prosecution stated that a 41A notice was served. but investigators cannot remain mute spectators if the accused were destroying evidence.

The Bombay High Court on Saturday rejected businessman Raj Kundra and Ryan Thorpe’s applications challenging the magistrate court’s remand order and seeking immediate release.

“The remand to custody by the Metropolitan Magistrate is within the conformity of law and does not require any interference,” the court order as quoted by Live Law said.

The petition filed by the complainants alleged illegal arrest for non-compliance of Section 41 A of the Criminal Procedure, which deals with a notice to appear before an investigating officer when an accused is charged for offences punishable up to seven years imprisonment.

Kundra, in his defence, had claimed that he was given notice only as a formality and arrested soon after. His associate Ryan Thorpe, however, said he was arrested despite accepting the notice and cooperating with investigators.

The plea said the concerned Magistrate made a mistake in remanding them to police custody on July 19.

The prosecution, on the other hand, stated that a 41A notice was served. but investigators cannot remain mute spectators if the accused were destroying evidence. However, Kundra and Thorpe’s lawyer argued that police had seized everything under Section 41A and there was no scope for their clients to destroy anything.

Raj Kundra arrested in pornography case

On July 19, actor Shilpa Shetty’s husband, Raj Kundra, was arrested by Mumbai Police for his alleged role in creating and publishing pornographic films on some mobile applications. As per reports, he had appeared before the Property Cell of Mumbai Police’s Crime Branch for questioning, after which he was placed under arrest. Kundra was taken for medical examination at JJ Hospital in the early hours of Tuesday.

Raj Kundra and his associate have been booked under sections 420 (cheating), 34 (common intention), 292 and 293 (related to obscene and indecent advertisements and displays) of IPC besides relevant sections of the IT Act and the Indecent Representation of Women (Prohibition) Act.

 

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OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

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