BHARATI S. KHANDHAR Vs. MARUTI GOVIND JADHAV

JUDGEMENT

(1.) This Writ Petition is filed praying therein to issue direction to the Respondent No.1, i.e. Shri. Maruti Govind Jadhav, to pay compensation to the Petitioner for gross violation of provisions of law. It is further prayed that, action may be taken against those RespondentsOfficers for gross violation of subsection (4) of Section 46 of the Code of Criminal Procedure, 1973, (hereinafter referred to as "the Code"), and further to direct the Respondent No.1 to desist from harassing the Petitioner as well as her family members.

(2.) Background facts leading to filing of the present Writ Petition, in a nutshell, are as under :

(3.) It is the case of the Petitioner that, after the Petitioner reached to the Police Station, the Respondent No.1 arrogantly asked the Petitioner to sit in one corner. After some time, the Petitioner mustered up some courage and asked the Respondent No.1, the reason for her detention. The Respondent No.1 thereafter called PSI Anant Bapu Gurav, i.e. Respondent No.2 herein, and asked him to arrest the Petitioner. The orders of Respondent No.1 were immediately followed by PSI Gurav without any application of mind and the Petitioner was arrested at 20:45 Hrs. by PSI Gurav. It is the case of the Petitioner that, even at the time of arresting the Petitioner, the grounds of her detention were not made known to the Petitioner. It was only when the sister of the Petitioner requested the Respondent No.1 and PSI Gurav to reveal the grounds of arrest, the Respondent No.1 obliged and told her that the Petitioner is being arrested pursuant to the non bailable warrant issued by the Allahabad Court.