NEELAM NITIN SAMPAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Not on board. Taken on production board.

(2.) By this Petition, the Petitioner seeks a Writ of Habeas Corpus or any other Writ to produce the Petitioner's husband-Mr Nitin Sampat, before this Court and his release forthwith from illegal detention of the Respondents. Direction is also sought to take appropriate action against the Respondent Nos. 2 and 3 for their willful breach of the mandatory guidelines issued by the Hon'ble Apex Court in the cases of Arnesh Kumar Vs. State of Bihar and Anr,(2014) 8 SCC 273. and Satender Kumar Antil Vs. Central Bureau of Investigation & Anr.,2022 live law (SC)577.

(3.) Learned counsel for the Petitioner submits that the Petitioner is the wife of Mr Nitin Sampat, who has been illegally arrested and detained by the Respondent Nos. 2 and 3 in bailable offences i.e. under Ss. 354A and 509 of the IPC, in connection with CR No. 310 of 2023 registered with the Tardeo Police Station, Mumbai. According to the Petitioner, initially 00 FIR came to be registered at the behest of the first informant, against her husband-Nitin Sampat sometime in the second week of June 2023; that pursuant thereto, Nitin Sampat visited the police station on more than 9 occasions; that later, the said FIR was transferred to Tardeo Police Station and numbered as CR No. 310 of 2023 for the alleged offences punishable under Ss. 354A and 509 of the IPC. According to the Petitioner, her husband-Nitin Sampat had co-operated with the officers during his visits to the Tardeo Police Station on nearly 4 occasions and as such, he had complied with the 41A notice issued to him.