Petitioner sought protection during police interrogation. Court held investigation can continue but interrogation must be preferably by a lady officer with family/advocate present nearby.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1971 OF 2004
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Office Notes, Office Memoranda Court’s or Judge’s Orders
of Coram, appearances, Court’s
Orders or directions and
Registrar’s Orders
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Mr.Utpal Joshi i/b M/s. Thakordas &
Madgaonkar for petitioner
Mr.Dipesh Mehta for Respondent Nos.1 & 2
CORAM : R.M.S.KHANDEPARKER &
P.V.KAKADE, JJ.
DATE : 10TH MARCH, 2005.
P.C.
1. Heard.
2. Considering the facts disclosed
in the affidavit in reply there is no
question of restraining the respondents
from continuing with the investigation
including the interrogation of the
petitioner. However, in case the
respondents desire to send a list of
questions or to interrogate the
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petitioner at her residence the same
should be preferably by a Lady Officer.
Besides, at the time of such
interrogation Petitioner shall be
entitled to have her family members or
relatives or even an advocate present
within the vicinity of the room in which
she is to be interrogated or in the
house. The advocate for the respondents
states that the petitioner is not
required to attend the Police Station
for the interrogation at this stage.
With this observation the petition is
disposed of.
(R.M.S. Khandeparkar, J.)
(P.V.Kakade, J.)
2 issues framed by the court
Whether the petitioner can be interrogated by a male police officer.
Whether the petitioner is entitled to have family members and advocate present during interrogation.
Petitioner
Respondent Nos.1 & 2
R.M.S. Khandeparkar
P.V. Kakade
As recorded by the court registry
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