Order on Board

Per Ramesh Sinha , Chief Justice

22 .03.2024

1. Heard Ms. Reena Singh, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, learned Government Advocate, appearing for the respondents/State.

2. The present writ petition has been filed by the petitioner for the following reliefs :

“10.1. That, this Hon’ble Court may kindly be pleased to call for the entire records/diary pertaining to the case relating to FIR No. 39/2024 registered at Police Station –

Saraipali, Dist – Mahasamund (C.G.).

10.2. That, this Hon’ble Court may kindly be pleased to direct the concerned Police authority/ authorities / officials to take necessary steps / action for preserving the CCTV footage of Police Station – Saraipali, District – Mahasamund (C.G.) of dated 29.02.2024 and 01.03.2024 and also take in record the CCTV footage of the house of the petitioner of dated 29.02.2024.

10.3. That, this Hon’ble Court may kindly be pleased to issue any other direction/directions as this Hon’ble Court deems fit and appropriate.”

3. Brief facts of the case, as projected by the petitioner, are that on 31.01.2024, Crime No. 39/2024 under Section 34, 489-B, 489-C of IPC has been registered by Police Station – Saraipali against one Arun Sidar and unknown person. On 29.02.2024, in the morning at about 8.30 am, the police officials of Police Station - Saraipali have come to the resident of the petitioner in civil dress and called her husband and took him along with them without any notice/information in an un-numbered Scorpio vehicle. When the petitioner could not trace her husband after search for the whole day, she went to her nearest Police Station at Rakhi then she came to know that police officials of Saraipali have taken her husband Vijay Burman with them. On the same day, i.e. on 29.02.2024, the petitioner went to Saraipali Police Station, where she has been kept waiting till mid-night to meet her husband and then she was allowed to talk with her husband and wherein her husband has told her that police officials have taken his signature in some blank papers and he was afraid that they would mis-utilize his signature against him for making memorandum and seizure. When the petitioner raised her objection, she has been threatened by the police officials that they will also make her son accused in the case and in the police station itself the police officials have also taken signature of the petitioner in blank paper and given her notice with regard to arrest of her husband. On 15.03.2024, the petitioner made a complaint before Police Superintendent, Mahasamund with regard to taken her husband in un-authorized manner by the police officials of Saraipali and with regard to preserving CCTV footage of police station – Saraipali of date 20.02.2024 and 01.03.2024 and also to seize the CCTV footage of the house of the petitioner dated 29.02.2024.

Hence, this petition.

4. Learned counsel for the petitioner vehemently argued that prima facie neither any case is made out nor there is direct or indirect evidences available against the husband of the petitioner i.e. Vijay Burman and he has falsely been made accused in the Crime No. 39/2024 to commit the aforesaid crime relating to fake currency. She further argued that it was the duty of the police concerned to act according to law and investigate the matter with sincerity, but without following the mandatory provisions of Section 41-A & 41-B of Cr.P.C. with regard to custody and arrest of the petitioner’s husband and further the police officials have not complied the mandatory provision of Section 41-D of the Cr.P.C. with respect to right of the arrested person to meet an Advocate of his choice during the course of interrogation which is further violation of fundamental right of the petitioner provided under the Constitution of India. She submitted that looking to the entire exercise as done by the police concerned, it reflecting that, after taking into custody the petitioner’s husband has been forced to put