PAYAL HARION VERMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a petition with the following prayers:-

(2.) Considering the nature of the prayer, with the consent of both the learned counsel for the parties, we are deciding this petition finally. Hence, Rule. Rule made returnable forthwith.

(3.) Heard learned counsel for the parties. The main plank of this petition is non-compliance of Sec. 46 of the Code of Criminal Procedure, 1973. According to the petitioner, she being a woman, she could not have been arrested after sunset. In this particular case that is what has exactly happened and, therefore, her arrest becomes illegal. Briefly stated, the facts are as follows: