Ritu Maloo’s arrest illegal Court orders immediate release
| Date :03-Jul-2024 |
Staff Reporter
The Tehsil Police faced a major setback on Tuesday when the court ordered the immediate release of Ritika alias Ritu Dinesh Maloo, declaring her arrest illegal on technical grounds. The court also instructed that a copy of the order be sent to the Police Commissioner for appropriate action against the Investigating Officer responsible for the unlawful arrest. After nearly four months of the run, the police arrested Ritika alias Ritu Dinesh Maloo on Monday and produced her in court on Tuesday, where the police sought custody. However, following arguments from both sides, Judge A V Khedkar-Garad, 7th JMFC (Court No 4) Nagpur, declared Ritu’s arrest unlawful and ordered her immediate release. The court reasoned that Ritu should have been arrested only after her bail was revoked by the court that originally granted it. This procedural step was not followed which rendered her arrest illegal. On the night of February 25, between 1.30 and 1.45 am, Ritu Maloo allegedly drove her Mercedes car in a rash and negligent manner under the influence of alcohol and collided with an Activa scooter carrying two persons. Both riders, Mohd Hussain Gulam Mustafa and Mohd Ateef Mohd Zia, sustained fatal injuries—one died on the spot, and the other succumbed to injuries while receiving treatment. Earlier, she allegedly consumed alcohol at two restaurants in CP Club.
Investigating Officer Police Inspector Sandeep Buwa and APP Megha Burunge informed the court that Ritu fled the scene and was arrested six hours later. They also told the court who assisted her in destroying the evidence after the accident and that she has not been cooperative in the investigation. On March 24, she claimed that Madhuri Sarda was driving the car, not her. She has been altering her statements periodically. On May 24, her bail plea was denied by the court. It needs to be determined where she has been since May 25. Additionally, the police need to conduct mirror imaging, which is why they requested seven days of custody.
The defense lawyer informed the court that the police have already completed a thorough investigation. Blood samples have been collected. On March 2, the police filed a case against Ritu under Section 304, and on March 7, they appealed to the court to cancel her bail. Following the rejection of this plea, a review petition was submitted on April 16. Ritu appeared at the police station whenever called, but her presence was not acknowledged. Despite rejections of her bail plea by the Sessions and High Courts, Ritu’s arrest itself is not legal. The police arrested her without adhering to due process. After considering these arguments, the court concluded that Ritu was released on bail and thereafter new non-bailable and cognisable offences were added.
It is also a matter of record that an application of cancellation of bail of Ritu filed by Investigation Officer (IO) is rejected and the revision as per say of APP and IO is pending. It means till today, there has been no permission given to IO to arrest the accused per Section 437 (5) as well as 439 (2) of CrPC. In view of the above observations given in case of Pradeep Ram Vs State of Jharkhand, it was necessary for IO to take prior permission of court (which granted bail to accused Ritu) to arrest her. But such permission is not seen to be taken by IO before arresting Ritu. Merely because anticipatory bail applications of accused are rejected, it will not allow IO to arrest the accused without following procedure provided by the Statue. Hence said arrest is not seen to be lawful. The court directed her immediate release and instructed that a copy of the order be sent to the Police Commissioner for appropriate action against the Investigating Officer responsible for the unlawful arrest.