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Bombay High CourtWP/5886/2025dismissed

Manisha Hiraman Shinde v. State Of Maharashtra

2025-11-18Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Shyam C. Chandak2 pages

1/2 7 WP 5886-25.odt TILAK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 5886 OF 2025 Manisha Hiraman Shinde ..

Petitioner

Versus

State of Maharashtra ..

Respondent ...

Adv. Narayan Rokade for the Petitioner.

Mr. S.R. Agarkar, APP for respondent-State.

API Vikas Dhokare from Saykheda Police Station. CORAM: BHARATI DANGRE AND SHYAM C. CHANDAK, JJ.

DATE : 18th NOVEMBER, 2025 P.C:- Petition is filed seeking a declaration that the arrest of the petitioner, a woman, effected on 5/6/2025, at 19.00 hours in connection with C.R.No. 104/2025, is illegal, since it violates the provisions in law, which prohibits the arrest of a woman, after sunset and before sunrise, without obtaining permission of the Judicial Magistrate, First Class, the offence is committed and the arrest is effected.

Learned counsel has placed before us a compilation of judgments which have declared the right to sacrosanct and

2/2 7 WP 5886-25.odt pronounce upon the consequences of not following the stipulation.

Mr.Agarkar seeks some time as he is desirous of filing an affidavit. Re-notify to 2/12/2025. (SHYAM C. CHANDAK, J) (BHARATI DANGRE, J.)