Dr. Ramesh Kumar was taken under arrest by Anti-corruption Bureau (ACB). The arrest was for his alleged involvement in ESI scam. Dr. Ramesh’s wife moved a house motion petition for seeking the release of her husband. But, Andhra Pradesh High Court refused to issue interim orders on his arrest. He was arrested on last Friday by the ACB.
Petitioner’s Arguments
Madhu Smitha, Dr. Ramesh Kumar’s wife moved a house motion petition on Saturday. She prayed the court to declare her husband’s arrest illegal. She further prayed for her husband’s release from the Bureau. Advocate PV Krishnaiah argued on behalf of Madhu Smitha. His advocate stated that the Anti-corruption Bureau failed to serve notice on Dr. Ramesh Kumar. According to him, notice has to be given as under Section 41 of the CrPC. He added that Dr. Ramesh Kumar and his wife received no reasons for his arrest. He contended that guidelines issued by the Supreme Court were flouted during the arrest.
Respondent’s Arguments
Advocate Renuka arguing on behalf of the Anti-corruption Bureau. She contended that the arrest was in accordance with law. She pointed out the magistrate hasn’t raised eyebrows during Dr. Ramesh’s judicial remand. Kasa Jaganmohan Reddy represented the Government. He countered the petitioner’s arguments explaining Section 41 of the CrPC. As per this section, a notice can only work when arrest is unnecessary. He informed the Court that the bureau informed his family.
Court’s Order
Justice D Ramesh heard arguments of both sides and refused to intervene. The Court observed that Dr. Ramesh Kumar already was in judicial custody. The Court decided to intervene at this point. Thus, the court issued notices to the Anti-corruption Bureau DG.
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