RAJESHREE BHAUSAHEB VIKHE PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is seeking declaration that her arrest in relation to FIR No. 72 of 2024 dtd. 18/2/2024, registered with Vanrai Police Station, Mumbai is illegal and in gross violation of the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India.

(2.) It is the contention of the petitioner that she has been arrested on 4/7/2024, since she has been arraigned as an accused in FIR No. 72 of 2024, registered with Vanrai Police Station, on the complaint of one Mr.Rajshekhar Shivajirao Deshmukh for offence punishable under Ss. 34, 420, 465, 468 and 471 of the Indian Penal Code.

(3.) It is the case of the prosecution that, the complainant, Rajshekhar Deshmukh has fled a complaint against the husband of the petitioner namely Vishnu Ramchandra Mahadik alleging that, the complainant was assured by Vishnu Mahadik that, he will provide a fat of MHADA Scheme at cheaper rate. On such promise some amount was parted by the complainant in favour of Vishnu Mahadik. Since Vishnu Mahadik failed to provide the fat and also avoided to return the amount, the complaint has been fled against him. It is further alleged that, he has also prepared certain false and bogus allotment letters and documents in respect of the fat which was promised to the complainant, but did not give the physical possession of the fat as mentioned in the allotment letters.