Arnab Goswami's Habeas Plea Against His Arrest In 2018 Abetment To Suicide Case -LIVE UPDATES From Bombay High Court

Bench now takes up the case of Adnya Anvay Naik.

Advocate Subodh Desai appearing in the case.

Mengde concludes his arguments.

Mengde : The re-opening of the case illegal and subsequent actions are illegal.

Borrowing words of Harish Salve, Mengde submits "if the roots of tree are tainted, its fruits will also be tainted".

Referring to the above precedent, Mengde submits that the acceptance of closure order is a judicial function.

That cannot be reviewed by a police function, he argues.

Mengde referring to the Madras HC judgment in "Namasivayam vs State" on the point that Magistrate's nod is necessary for further investigation.

Mengde submits that while accepting closure order, the Magistrate has exercised a judicial function. Magistrate even has the power to take cognizance on a closure report differing from police.

Mengde : A” is when there is no evidence to justify accused being sent to Magistrate for trial.

“B” is when there is no evidence to file chargesheet against the accused.

The bench asks Mengde if he can throw light on 'A' Summary 'B' Summary etc.

Mengde says these expressions are not there in CrPC. They are mentioned in criminal rules of practise.

Mengde adopting the submissions of Ponda and Aggarwal that judicial order was needed for police to re-open the case.

Adv Nikhil Mengde making submissions for accused Praveen Rajesh Singh in the abetment to suicide case.