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    NRI Granted Release for Illegal Arrest Over Four-year Old Case


    An NRI’s return to India turned into a nightmare for him as he was arrested for a case that he claims he didn’t even know about!

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    Hem Prabhakar Shah, a Singapore resident, had landed in Ahmedabad on August 14, where he was immediately held by the authorities and later brought to Mumbai for further questioning. This was related to an FIR that was filed against him in 2019. Allegedly, his Indonesia-based firm had cheated a local businessman but the accused couldn’t be traced leading to the court shelving the case in July 2020.

    After four years when Shah came back to India, the police finally reopened the case and held him in police custody. However, it turns out the NRI businessman knew about his rights too well.

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    He claimed he didn’t know about the FIR against him, which is a grave mishandling by the police if true, and further filed a petition to the Bombay High Court questioning the nature of his arrest without any charges against him. And the HC has finally ruled in favour of the petitioner ordering his release.

    It is to be noted that this judgment is not on the nature of the actual crime, the investigation of which is still ongoing. Rather it reprimands the police and the nature of the arrest, which was done without letting the person know the charges for which he was arrested.

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