PAYAL HARIOM VERMA vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

LSP 1 1 wpst 23969.24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Writ Petition (st) No. 23969 of 2024 Payal Hariom Verma R/o. Plot No.861, Flat No.S/1, Ocean SHI Apartments, Shalimar Garden, Extension-1, Sahibabag, Post Sahibabag, Dist. Ghaziabad, Uttar Pradesh-201005. Presently lodged at Solapur District Central Prison, Solapur. … Petitioner V/s. 1. The State of Maharashtra (Through Senior P.I.) Tembhurni Police Station, In connection with C.R.No.532/2024) 2. The State of Maharashtra (Through Senior P.I.), Karmala Police Station, In connection with C.R. No.396/2024) … Respondents. Mr. Anant Vadgaonkar a/w. Jyoti Kawade a/w Raghvendra Kulkarni for the petitioner. Smt. Mankuwar M. Deshmukh, APP for the State. Digitally signed by CORAM : SARANG V. KOTWAL & LATA LATA SUNIL S.M. MODAK, JJ. SUNIL PANJWANI PANJWANI Date: 2025.01.14 19:10:44 +0530 DATE : 09 January 2025. LSP 2 1 wpst 23969.24.doc JUDGMENT (Per Sarang V. Kotwal, J) : This is a petition with the following prayers:- “(a) This Hon’ble Court may kindly be pleased to declare the arrest of the Petitioner/Accused No.5, in connection with C.R.No. 532 of 2024 registered with Tembhurni Police Station dated 11.09.2024 at 0038 HRS to be illegal and contrary to the provisions of section 46(4) of the Code of Criminal Procedure. (b) This Hon’ble Court upon declaration of the arrest of the Petitioner/Accused No.5 dated 11.09.2024 at 0038 HRS in connection with C.R. No.532 of 2024 registered with Tembhurni Police Station, be further pleased to release the Petitioner, forthwith. (c) This Hon’ble Court may kindly be pleased to issue writ of mandamus or any other writ, order of directions in the like nature thereby quashing and setting aside the order of remand dated 11.09.2024 (Exh.G to the Peti