Deepak Gupta, J. - (1.) BY means of this petition, the petitioner has challenged the order dated 30 -09 -2014 passed by the Chief Secretary as In -charge of the Home Department refusing to grant sanction to prosecute respondent No. 4.
(2.) BRIEFLY stated, the facts of the case are that respondent No. 4 is a police official and in the year 2008 she was Officer -in -charge of Agartala Women Police Station. The case of the petitioner herein is that on 08 -04 -2008 the petitioner was arrested by the respondent No. 4 at about 0245 hours, i.e. after sunset and before sunrise in total violation of the mandate of Section 46 of the Code of Criminal Procedure (Cr.P.C.). According to the petitioner, since the respondent has violated the law, she has to be punished under Section 166 of the Indian Penal Code (IPC). Furthermore, the case of the petitioner is that since the State itself was not willing to prosecute the respondent No. 4, the petitioner had filed a private complaint and in that private complaint, the Magistrate has observed that the complaint cannot proceed without sanction of the State Government in terms of Section 197 of Cr.P.C. Thereafter, the petitioner approached the State Government for grant of sanction and this sanction has been refused by the impugned order. Hence, the petition. From the facts stand established on record, it is not disputed that the petitioner was arrested in violation of the mandate of Section 46(4) of Cr.P.C. which reads as follows: - - "46. Arrest how made. - xxx xxx xxx (4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made."
(3.) THE mandate of sub -section (4) of Section 46 is clear that no woman should be arrested after sunset and before sunrise except in exceptional circumstances and where those circumstances exist, the arresting officer should make a report in writing and obtain prior permission of the Judicial Magistrate. It is thus clear that a lady cannot be arrested after sunset and before sunrise unless the permission of the Magistrate has been obtained prior to such arrest.;