- Case
- PAYAL HARIOM VERMA v. STATE OF MAHARASHTRA AND ANR (Bombay High Court, 09-01-2025)
- Law
- Code of Criminal Procedure, Indian Penal Code, Constitution of India.
Facts: Payal Hariom Verma was arrested by Tembhurni police in connection with C.R. No. 532/2024 shortly after being released on bail from Karmala sub-jail in connection with C.R. No. 396/2024. The petitioner contends that her arrest was illegal as it was effected after sunset without complying with Section 46(4) of the Code of Criminal Procedure (Cr.P.C.). The prosecution alleges that the petitioner, along with another accused, induced the informant and others to invest in their company, M/s. Srimma Farm Animal Bazaar Private Limited, promising high returns, which turned out to be fraudulent.
Procedural Posture: The petitioner filed a writ petition before the High Court of Judicature at Bombay, Criminal Appellate Jurisdiction, seeking a declaration that her arrest was illegal and for her release. The petition also sought quashing of the remand order and orders refusing bail.
Issue: Was the arrest of the petitioner, a woman, after sunset without prior permission from the Magistrate, as required under Section 46(4) of the Code of Criminal Procedure, legal and valid?
Holding: The High Court held that the arrest of the petitioner in C.R. No. 532/2024 of Tembhurni police station was illegal.
Reasoning: The Court relied on Section 46(4) of the Cr.P.C., which stipulates that "save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made." The Court noted that while the investigating agency claimed to have obtained permission from the Magistrate, the arrest was effectively made when the petitioner was taken into custody after stepping out of jail, prior to obtaining the Magistrate's permission. The court observed that the investigating agency was aware of the petitioner's imminent release and had ample opportunity to obtain prior permission but failed to do so. The court cited the case of Kavita Manikikar vs. CBI, State of Maharashtra, emphasizing the importance of safeguarding the "precious guarantee of 'Life and Liberty' as enshrined in Article 21 of Constitution of India". The Court declared the arrest illegal but allowed the investigating agency to re-arrest the petitioner if the investigation warrants, following the due procedure of law.
