In the Bombay Bench of the High Court constituted by Justice SJ Kathavala and Justice Smt. Bharti H Dangre, Bharti H Dangre has said that it is “Illegal” to arrest a woman after sunset by the CBI which has been fined Rs 50,000 / –. The court has also ordered disciplinary proceedings against the CBI officer responsible for the violation of Section 46 (4) of the Criminal Procedure Code.
Kavita Mankikar filed a petition in the Bombay High Court. A section filed by the CBI on the basis of a complaint by the Punjab National Bank and Deputy General Manager of Punjab National Bank read under Section 420 and Section 13 (2) (Section) of the Indian Penal Code, read with Section 13 (2). Prevention of Corruption Act, 1988. The complaint alleged that the person who filed the petition was one of the conspirators who signed the Letters of Undertaking for fraudulent purposes.
The petitioner was arrested after sunset by the CBI. In which the special court ordered the petitioner to be sent to CBI custody for a period of 14 days.
As a result, as per the aforesaid discussion, the prayer petition is allowed with reference to prayer clause (a) and they are of the opinion that the arrest made after sunset of the petitioner is Illegal and it is section 46 (4) of the Code ) Is completely contrary to the provisions. And this is a criminal process. However, the CBI is not ready to arrest the petitioner, if the investigation warrants are followed by the prescribed procedure of law.
The competent officers have complete freedom to initiate disciplinary proceedings against the guilty officers for violation of statutory provisions. “ It is one of the highest legal decisions in India.
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