DEEPA Vs. S.VIJAYALAKSHMI

JUDGEMENT

(1.) These Writ Appeals are directed against the order dtd. 18/10/2019 allowing W.P(MD)No.5508 of 2019 filed by the first respondent herein (S.Vijayalakshmi).

(2.) The averments set out in the affidavit filed in support of the writ petition can be summarized as follows:

(3.) The contesting respondents denied the version projected by the writ petitioner. However, the learned single Judge came to the conclusion that there has been a clear breach of the mandate contained in Sec. 46(4) of Cr.P.C which prohibited the arrest of women after sunset and before sunrise without the permission of the Judicial Magistrate. Terming the writ petitioner's arrest as illegal, the learned single Judge directed the disciplinary authority to initiate departmental action against the appellants herein. The department was directed to pay cost of Rs.50,000.00 to the writ petitioner and recover the same from the salaries of the appellants.