JUDGMENT/ORDER

1. Rule. Rule made returnable forthwith. The petition is heard finally by consent of the learned advocates for the parties.

2. In this criminal writ petition, filed under Article 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner, who is the wife of arrested accused Ajinkya Subhash Rathod, has questioned the correctness of the orders dtd. 1/12/2022 and 5/12/2022 passed by the learned Judicial Magistrate First Class, Nagpur Court No.1 granting police custody remand to the husband of the petitioner and also for quashing and setting aside these two orders as well as the order dtd. 8/12/2022 passed by the learned Judicial Magistrate First Class, Nagpur remanding the husband of the petitioner to the magisterial custody. The petitioner has also prayed for grant of bail. The petitioner has also prayed for quashing the order dtd. 5/12/2022, rejecting the application made by the petitioner under Sec. 97 of the Code of Criminal Procedure, 1973 (for short "Cr.PC).

3. The necessary and relevant facts for the decision of this petition need to be stated in brief.

The petitioner is the wife of arrested accused Ajinkya Subhash Rathod. Ajinkya was arrested in Crime No.332/2022 registered at Dhantoli Police Station (City) Nagpur for the offences punishable under Ss. 420, 465, 468, 471 read with Sec. 120-B of the INDIAN PENAL CODE , 1860 (for short "IPC") and Ss. 42 and 45 of the PRISONS ACT , 1894. Ajinkya is the Police Constable attached to the Central Prison, Nagpur. He was given assignment at the entrance gate of the Central Prison, Nagpur to guard the prison gate. The officials of the Crime Branch, Nagpur received the secret information from the informant that some persons have prepared a bogus sim card by forging the documents. The said sim card was used by the jail inmates for transmitting the messages through jail officials to their relatives and friends outside the jail. The officials of the Crime Branch commenced an inquiry and during the said inquiry, the name of Ajinkya and the role played by him were surfaced. The inquiry revealed that Ajinkya and one more Jail Constable were taking money and supplying Ganja and other articles to the jail inmates. They were also transmitting the chits and messages of the prisoners to their friends and relatives outside the jail through their WhatsApp mobile number. The inquiry revealed the mobile number and other details such as money accepted by Ajinkya for doing favour to the jail inmates. The Crime Branch officials, therefore, made an inquiry with Ajinkya. On verifying and confronting the information already available with the Crime Branch, the Crime Branch officials found that the major role in the commission of serious crime was committed by Ajinkya. Considering the concrete information and the serious offences revealed on the basis of the information, Shri Kishor Parvate, Police Inspector attached to Crime Branch, Nagpur City, lodged the report on 30/11/2022 at Dhantoli Police Station at 18:06 hrs.

4. On the basis of this report, First Information Report (FIR) came to be registered. The investigation of this crime was handed over to Smt. Prabhawati Akurke, Senior Police Inspector, Dhantoli Police Station, Nagpur. Accused Ajinkya and the accused Prashant Rathod, both Prison Constables, were brought to the Dhantoli Police Station by the informant on 30/11/2022 at 19:00 hrs. After registration of the FIR, the Investigating Officer on 1/12/2022 at 00.17 hrs. made an inquiry with these accused to verify their involvement in the crime. The wife of Ajinkya, who is the petitioner herein, by the time had come to the police station. The Investig