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

Aggarwal referring to the precedent in 'Vinay Tyagi' case for the argument that nod of Magistrate is needed for further investigation.

Aggarwal : Police need the permission of the Magistrate for further investigation. 

Aggarwal : It is settled law that a void order is not non-est in law, unless set aside by higher court. It remains in force, even if bad in law. Police cannot review Magistrate's order.

Aggarwal : Can the executive say the procedure adopted by court is illegal and say they will not follow court order?

Aggarwal : Even if (closure) order has infirmities, it remains in force till it is set aside. Can the police suo moto alter the order? Police cannot sit in appeal over the order.

J Shinde says that the closure report was accepted without serving notice on the informant.

Magistrate was legally obliged to serve notice on informant to give opportunity for protest complaint. This is the point raised in Naik's daughter's petition- J Shinde.

The FIR says Anvay Naik was in other financial difficulties. The entire debtor list cannot be put in accused list. The closure report was rightly accepted : Aggarwal.

Even if payment has not been made, and some altercation took between them, and person committed suicide, it is essentially a civil dispute and no offence under Sect 306 IPC sustainable: Aggarwal submits referring to the precedent.

Aggarwal(for co-accused) citing a case law to state that mere non-paymnet of dues cannot amount to abetment to suicide.

Aggarwal : Three different people in three different areas. But Section 34 IPC invoked. Where is common intention? Section 306 IPC not made out.