First arrest was deemed unlawful due to delayed communication and procedural lapses
Madhani was booked and arrested under the rape charges by the Versova police last month. Representation pic
The Versova police have obtained an order from the sessions court to re-arrest film producer Gunwant Tarachand Jain, also known as Nikesh Madhani, in connection with the rape of a 34-year-old actress and model. The investigator had filed a revision petition in the session court challenging the lower court's decision to release Madhani, based on claims that his initial arrest was allegedly illegal.
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Yesterday, during the hearing of the revision petition, the Dindoshi sessions court directed Madhani to surrender at the concerned police station immediately to comply with the court's order. Furthermore, the court stated that in the event of non-compliance, the investigating officer is authorised to arrest Madhani by the law to enforce the order.
According to the police sources the Madhani was accused of drugging and raping a 34-year-old model and actress during a photoshoot. He was booked and arrested by the Versova police last month. The complaint in the FIR alleges that Madhani lured her by promising to cast her as the sister of actor Ajay Devgn’s character in the film Son of Sardar 2.
"Madhani was booked and arrested under the rape charges by the Versova police last month but the court has released after ruling his arrest was illegal when he was produced before the court for granting remand custody by the Versova police officer.
The court noted that Madhani was arrested at 10.56 pm on November 21, but the police informed him and his friend, Junaid Ishak Khan, of the grounds for arrest only at 11.00 pm—four minutes after the arrest. This sequence of events violated Section 47 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates that the grounds for arrest must be communicated beforehand. Additionally, the arrest panchnama revealed that Madhani’s family members were not informed about his detention, further violating procedural requirements. These lapses prompted the court to declare the arrest unlawful, citing a breach of the accused’s fundamental rights.
Madhani was produced before the court on November 22, at 3.20 pm. Investigating Officer PSI Sandip Nikam sought police custody, arguing that the accused required medical examination and further evidence collection. However, the defence counsel challenged the legality of the arrest, leading the court to review case records, including the FIR and the arrest documentation. The FIR was lodged at the police station on November 21 at 11 am and registered at 5.49 pm. The court found that the arrest violated legal provisions, including failure to follow the mandatory process under BNSS." said an officer from Versova police station.
Victim's quote
"After Madhani was released by the lower court, the state filed a revision petition in the sessions court. I, along with my legal team, appeared as an intervener. The court took notice of the matter and directed Madhani to surrender immediately," said the model while speaking to mid-day. She further stated, "Madhani has committed a serious crime, and the place for such people is jail."
Other side
"The woman accusing me of rape in March continued working with me on albums and events until August. Why didn’t she file a complaint earlier? There are WhatsApp messages between us in which no allegations were made. She mentioned in her Instagram post that her fame and progress have reached new heights, acknowledging my contribution to it," said Madhani.
Police speak
Senior Inspector Gajanan Pawar of Versova police station said, "The sessions court order was received yesterday evening, directing Madhani’s arrest. We have not received any order from the high court staying the arrest. The session court order has been received, and we are proceeding with his arrest."
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