VAIDHEI RAMCHANDRA BEHERE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. BY the present petition, the petitioners are seeking direction for initiating disciplinary action against the respondent-police officers as also for compensation for the alleged illegal arrest of the petitioner No. 1 during night hours inspite of specific directions by the Apex Court that a female cannot be arrested after sunset and before sunrise.

(2.) It is the case of the petitioners that the petitioner No. 1 was sought to be arrested on 3-7-1997 during early hours i. e. , at about 2:30 a. m. from her residence along with her husband and they were taken to nashik. It is their case that there are specific directions issued by the Apex Court that a female cannot arrested after sunset and before sunrise and inspite of those specific directions, the petitioner No. 1 was arrested during night hours. It is further case of the petitioners that the arrest was made on the basis of false complaint filed by her relation/respondent No. 10. The said complaint was filed as a counterblast to the civil litigation initiated by the petitioners in relation to the property left upon the death of the father of the petitioner No. 1.

(3.) It is the case of the respondents and in particular the respondent No. 2, who is stated to have arrested the petitioners, that when he went to arrest the petitioner No. 2, who is the husband of the petitioner No. 1, the latter insisted that she would accompany her husband. It is his further case that she was specifically informed by the respondent No. 2 that she could not be arrested after sunset and, therefore, she would be taken in custody after sunrise on 3-7-1997. However, as she insisted for accompanying her husband, she was allowed to do so.