PAWAN GAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the legality and propriety of the order dtd. 13/6/2020 passed by the ACP-cum-Executive Magistrate, Jodhpur, as well as the order dtd. 3/12/2020 passed by the learned Sessions Judge, Jodhpur Metro in Criminal Appeal No. 203/2020.

(2.) The brief facts of the present case is that the petitioner, a law student, is a relative of one Dinesh Kumar, who was embroiled in a matrimonial dispute with his wife, Smt. Meenaxi. The said dispute led to a police complaint by Smt. Meenaxi against her husband. Following standard protocol, both parties were summoned for counseling before the Mahila Suraksha Salah Kendra on 12/6/2020.

(3.) During the counseling session, the petitioner, while accompanying his relative, allegedly raised his voice. Merely for this reason, he was apprehended by the police and detained under Ss. 107 and 151 of the Cr.P.C. He was thereafter produced before the Executive Magistrate on 13/6/2020. However, the arrest and detention of the petitioner were wholly unjustified, arbitrary, and in blatant disregard of legal principles.