VARSHABEN JAYESHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petitioner, by way of this petition, challenges the impugned order dated 08.03.2016 passed by 10th Additional Sessions Judge, Vadodara in Criminal Revision Application No. 33 of 2013 and the order dated 01.12.2012 passed by the Chief Judicial Magistrate, Vadodara in connection with the application submitted by the present petitioner under Section 46(4) of the Code of Criminal Procedure, 1973 (for short "the Code") in the proceedings pending in connection with I-C.R.No. 159 of 2012 registered with J.P.Road Police Station, Vadodara.

(2.) The petitioner and her husband Jayeshbhai Chimanbhai Patel both had preferred quashing petition being Special Criminal Application No. 4288 of 2013 to quash the F.I.R. being I-C.R.No. 159 of 2012, registered under Sections 409, 420, 467, 468, 471, 120 (B), 114 of the Indian Penal Code, 1860 (for short "the IPC"). In the said petition, this Court was pleased to issue Rule on 25.01.2017 and made it absolute on the same date, qua the present petitioner.

(3.) It is submitted by the learned advocate Mr. Mahesh Bhavsar appearing for the petitioner that the petitioner was arrested on 05.11.2012 at 23:40 pm in violation of provision of Section 46(4) of the Code. In fact before arresting the petitioner in night hours, the respondent no. 2 ought to have obtained prior permission of the J.M.F.C. Vadodara. However, the respondent no. 3 arrested the present petitioner after sunset without following the procedure laid down under Sub Section (4) of Section 46 of the Code. Therefore, appropriate amount of compensation ought to have been awarded to the petitioner from the respondents. The appropriate action ought to have been initiated against the respondent no. 3 herein Shri R.L.Sanghani the then Police Inspector of J.P.Road Police Station.