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Porn movies case: HC says no pressing aid to Raj Kundra until prosecution is heard

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Raj Kundra


Picture Supply : INSTAGRAM/RAJ KUNDRA

Raj Kundra

The Bombay Excessive Courtroom on Tuesday mentioned it can’t move any order granting pressing aid to businessman Raj Kundra, arrested in a case of alleged manufacturing and distribution of pornographic movies by apps, with out first listening to the prosecution. Justice A S Gadkari directed the police to file its affidavit by July 29 in response to a petition submitted by Kundra (45) difficult his arrest within the case.

Kundra, the husband of actor Shilpa Shetty, was arrested on July 19 by the Mumbai Police’s crime department within the porn movies case filed in February this yr. Publish-arrest, he was despatched in police custody by a metropolis court docket.

On Tuesday, a Justice of the Peace’s court docket remanded him in 14-day judicial custody. Kundra moved to the Justice of the Peace’s court docket for bail and his plea was saved for listening to on Wednesday.

Kundra’s attorneys Aabad Ponda and Subhash Jadhav argued within the HC on Tuesday that the police did not observe the process laid down in regulation and should have first issued a discover beneath part 41A of the CrPC as an alternative of arresting him immediately.

Public prosecutor Aruna Kamat Pai refuted the declare and mentioned a discover was certainly issued to Kundra earlier than he was positioned beneath arrest. The HC directed Pai to file an affidavit in response to the petition. Ponda then sought some interim aid for his shopper.

Justice Gadkari, nonetheless, refused and mentioned it can’t grant any aid with out giving an opportunity to the prosecution first to answer the petition.


“No ex-parte ad-interim relief,” the court docket mentioned.

Kundra, in his petition, has maintained his arrest and the next order handed by the Justice of the Peace’s court docket remanding him in police custody had been unlawful as no discover was issued to him.

As per part 41A of the CRPC, the police might, in instances the place arrest is just not warranted, problem summons to the accused individual and file his or her assertion. Kundra, in his plea, has additionally mentioned the fabric which the police claimed to be pornographic didn’t depict direct or specific sexual acts however reveals materials within the type of brief films “which are lascivious or appeal to the prurient interest of persons at best”. After Kundra’s arrest, the crime department had described him because the “key conspirator” of the case.

He has been booked beneath Indian Penal Code Sections 420 (dishonest), 34 (frequent intention), 292 and 293 (associated to obscene and indecent ads and shows), and related sections of the IT Act and the Indecent Illustration of Girls (Prohibition) Act.

The police have claimed to have discovered 51 obscene movies throughout searches at his workplace. 





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