STATE Vs. ANIL DUREJA

JUDGEMENT

(1.) (Oral) - Present reference of contempt has been received from the Court of Mr. Ajay Kumar Malik, Metropolitan Magistrate, Central, Tis Hazari Courts, Delhi in which the accused no. 1-Shamsha Begum had submitted that she had been arrested illegally during night hours in violation of Sec. 46(4) of Code of Criminal Procedure (for short Crimial P.C. ) as well as the binding directions issued by the Supreme Court in D.K. Basu Vs. State of W.B., (1997) 1 SCC 416 and Sheela Barse Vs. State of Maharasthra, (1983) 2 SCC 96 : AIR 1983 SC 378 .

(2.) The Metropolitan Magistrate while referring the matter has observed in his order dated 05th Jan., 2016 that the present matter is a fit case for indulgence by the High Court under the contempt jurisdiction. He has also in his order held that the reply filed by the SHO, Police Station, Sarai Rohilla to the contempt petition is evasive and the records do not show that he had obtained any permission from any judicial magistrate/Duty Magistrate prior to arrest of accused no. 1-Shamsha Begum at 11:00 p.m.

(3.) The relevant facts of the present case are that on 26th March, 2015 one Mohd. Rizwan (child) aged about two years was kidnapped by some unknown persons while he was playing outside his Jhuggi No. 166 at Rakhi Market which is within the jurisdiction of PS Sarai Rohilla between 7:00 a.m. and 1:00 p.m.