JUDGMENT

1. By this writ petition under Article 226 of the Constitution of India, the petitioner seeks issuance of a writ of habeas corpus directing the respondents to produce her husband, as, according to the petitioner, he is detained illegally and unlawfully.

2. After the brief hearing on 20th March, 2018, we passed the following order:-

"1. Heard. The argument of Mr.Merchant, learned counsel appearing for the petitioner, is that this petition is maintainable in the form in which it is presented. This is a petition seeking issuance of Writ of Habeas Corpus to produce the husband of the petitioner, who is in detention.

2. The detention is termed as illegal by Mr.Merchant on the ground that Section 41-

A of Code of Criminal Procedure, 1973 ('' Cr.P.C.'') inserted by Act No.5 of 2009 with effect from 1st November 2010 and latter on substituted by Act No.41 of 2010, contemplates notice of appearance before the police officer.

3. Since the petitioner asserts non-compliance with this provision, we deem it appropriate to reproduce it at this stage itself :

"41-A.- Notice of appearance before police officer.-

(1) The police officer shall, in all cases where the arrest of a person is not