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

Take a case of terrorism where evidence is not traceable. After a period of time, police files 'A' summary before Magistrate. After some time, police gets evidence of terrorist. Should police wait for Magistrate order to nab him : Desai for State

Accepting the arguments of the petitioner would curb the liberty of the police to nab the accused : Desai for State.

It means it was a genuine case of offence but investigation could not collect evidence : Desai for State.

When Magistrate accepts 'A' Summary, it means that there is an offence. It is not a case of discharge or closure : Desai for State.

Desai explains that if it is a "A" summary, it means that evidence was not sufficient but offence was there. If it was a case of wrong accused, it would have been 'B' summary : Desai for State.

Desai refers to last year's SC decision in "Vinubhai Haribhai Malaviya vs. State of Gujarat"

Desai now on the point of whether Magistrate nod is required for further investigation.

He says that precedents cited by petitioners are cases where Court had taken cognizance on chargesheet and further investigation was sought during trial.

Desai referring to another SC judgment which refused to quash an FIR for abetment to suicide since the suicide note had mentioned the name of the accused.

Adnya Naik has told the Court that threatening calls were made to her family and complaints were registered. These are circumstances which need to be invesigated : Desai for State

Referring to Harish Salve's arguments that intention to abetment to suicide was not made out, Desai places the above decision and argues that this is not the stage to examine that, especially when the suicide note mentions Arnab Goswamy