The Bombay High Court on Tuesday said he could not provide any orders that provided urgent assistance to the Kundra businessman, arrested in the case of alleged production and distribution of pornographic films through the application, without first hearing prosecution.
Justice a S Gadkari directed the police to submit a written statement on July 29 in response to the petition submitted by Kundra (45) challenging his arrest in this case.
Kundrra, Husband of Actor Shilpa Shetty, was arrested on July 19 by the Mumbai Police Crime Branch in a pornographic film filed in February this year.
Post-arrest, he was sent to the police detention by the City Court.
On Tuesday, the judge’s court released him in a 14-day trial detention.
Kundra moved the Magistrate Court to a bail and his request was stored to hear on Wednesday.
Lawyer Kundrra Aabad Ponda and Subhash Jadhav argue in HC on Tuesday that the police failed to follow the procedure set in law and must first issue a notification below the 41a part of the CRPC instead of capturing it directly.
Aruna Prosecutor Aruna Kamat Pai denied the claim and said the notification was issued for Kundrra before being held.
HC directs PAI to submit a written statement in response to the petition.
Ponda then looked for temporary help for his client.
Judge Gadkari, however, refused and said it could not provide any assistance without giving the opportunity to prosecute first to respond to the petition.
“There is no ad-interim of the former parte,” said the court.
Kundrra, in his request, has maintained his arrest and the next order delivered by the court of judges who arrested him in illegal police custody because there was no notice released for him.
In accordance with the CRPC 41A section, the police can, in cases where the arrest is not guaranteed, publishes a call to the person accused and recorded his statement.
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Kundrra, in his request, also said the material claimed by porn police did not describe direct or explicit sexual acts but show material in the form of short films “which are confusing or attractive to the interests of the best people”.
After the arrest of Kundrra, the crime branch described it as a “key conspirator” of this case.
He has been booked under the Indian Criminal Code 420 (cheating), 34 (general intentions), 292, and 293 (related to ads and indecent and indecent displays), and the relevant part of the IT law and representation of women’s joy (Prohibition) acts.
The police claimed to have found 51 obscene videos during searching in his office.
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