Chitale’s plea filed through advocate Ghanshyam Upadhyay, has stated the following:
– Not only is the arrest illegal but even the police remand given by the Magistrate court was in breach of the guidelines passed by the Supreme Court in the case of Arnesh Kumar;
– The police should have given her a notice under Section 41A of Code of Criminal Procedure and given an opportunity to appear before being arrested;
The plea contended that the day the FIR was registered by complainant, she was called by the Kalamboli police station in Thane district asking her to appear which she complied with it.
The officials of the Kalwa Police Station who were present there took her into custody.
Chitale stated that the Kalwa police never gave her a notice to attend police station, they came to the Kalamboli police station with a predetermined intention to arrest her even before they had any oral interaction with her.
Chitale also alleged that a mob of goons led by a leader from the NCP attacked, assaulted and outraged her modesty outside the police station.
“The gathering of a huge mob outside police station and the inaction of police to register offence against assaulters establishes that Kalwa Police and Kalamboli Police were in collusion with the assaulters and the tip of presence of petitioner was also provided by some insider in the police department,” her plea stated.
Source: Barandbench
