Bombay HC: Waiting At Police Station While IO Is Busy Does Not Amount To Arrest

Mumbai, August 27, 2026: The Bombay High Court has ruled that waiting at a police station while an investigating officer is busy with another case does not equate to an arrest. Judge Sarang Kotwal and Judge R.R. Bhonsale dismissed a petition from Manohar Pathare, who claimed his detention at the police station should be considered an arrest. Pathare argued that the police had control over him and restricted his movement.

The court acknowledged that Pathare had been summoned to the Dongri police station for an inquiry on June 4 and was not taken from his home or office. The court examined the circumstances of the arrest, finding the investigating officer's explanation for the delay reasonable. The officer was handling another case where a detained individual required medical attention.

The bench found the police's actions reasonable, noting that Pathare remained in contact with others up until 7 p.m. on the day of the arrest. Phone records supported this claim. The court also noted that Pathare was arrested at 8:15 p.m. on June 10, 2026, and presented before the court within 24 hours.

The court concluded that there was no evidence of illegal detention or violation of Article 22(2) of the Constitution. The petition was dismissed without granting any relief.