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TMI Blog2018 (3) TMI 1690X X X X Extracts X X X X X X X X Extracts X X X X ..... hwith, we also direct the superior police officials, particularly the functionary in the Department of Home, Government of India to launch disciplinary proceedings and the petitioner and her husband may initiate or file civil suit and criminal prosecution against this police officer for taking the law in his hands. Such prosecution shall continue uninfluenced by any proceedings that may be initiated against the petitioner's husband for having violated the law. The husband of the petitioner shall be released from custody by 5.00 p.m. today. Petition disposed off. - Writ Petition No. 1353 of 2018 - - - Dated:- 21-3-2018 - S.C. Dharmadhikari and P.D. Naik, JJ. For Appellant: Rizwan Merchant, Swapnil Wagh and Akshay Bafna i/b. Sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. (2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officers is of the opinion that he ought to be arrested. (4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a compete ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nchanama is drawn. 6. Since Mr. Merchant says and on the basis of the pleadings in the petition, that there was a panchanama drawn and a copy of which is at pages 41 and 42 of the paper book, we have carefully perused it. It is in Marathi. 7. The whole panchanama has been perused with the assistance of Mr. Yagnik, learned APP, who with all his persuasive ability, could not find any sentence therein to the effect that the petitioner's husband refused to accept this notice when it was served on him at his place of work/his office. In these circumstances and particularly when the notice at page 42 also contains below the signatures of panchas and the senior police inspector, the signature of the accused, then, whether it is a signatu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mation. The panchanama records that preparation of the same had commenced at 20.10 hours and ended at 22.10 hours on 16th March 2018. 10. Stand over to 21st March 2018 at 11.00 a.m. 3. The issue was clearly crystallised in this order. The matter was placed today. The entire file was perused by us, including the entry in the police diary, the remand report and such other documents, but we made it clear to Ms. Pai learned APP appearing for the respondents that from this record, we do not see any compliance with the mandate of law. There was thus no justification provided and from the records as to how this police functionary proceeded and arrested the petitioner's husband when the petitioner's husband is supposed to have remaine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ught time to release the petitioner's husband, we would not have directed any action to be taken against him. However, he remains adamant and persists that only if this court says that the petitioner's husband should be released, he would have no objection to such release. He would bring now to the court, the proceedings before the Magistrate and the contents of the remand report, which, according to him, permit him to detain the petitioner's husband in custody till 23rd March, 2018. 6. We do not think any assistance can be derived from the entries in the diary or the remand proceedings. We do not think that the order of the Magistrate remanding the petitioner's husband to police custody till 23rd March, 2018 can bind thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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