Nagpur, India: On Monday, Principal District & Sessions Judge Dinesh P. Surana took suo motu cognisance of the midnight arrest of Ritika Maloo, the prime accused in the Ram Jhula hit-and-run case. The arrest, carried out by the State CID on September 26, has come under scrutiny due to its timing, which violates legal provisions regarding the arrest of women after sunset.

As per the law, women cannot be arrested between sunset and sunrise unless under exceptional circumstances with a magistrate's permission. In this case, Judicial Magistrate First Class (JMFC) Archana Khedkar-Garad granted permission for Maloo’s arrest after 10 pm on September 25, citing urgent circumstances. The consent came following the cancellation of Maloo’s bail order by Additional Sessions Judge R. S. Patil-Bhosale.

Judge Surana, under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 397 of the Criminal Procedure Code), is now reviewing the legality of the permission. He has issued notices to the prosecution, the State CID, and Maloo, with a hearing scheduled for October 3.

Ritika Maloo was reportedly arrested from her residence in Deshpande Layout around 1:45 am on September 26, with the official arrest time logged at 5:30 am. Following the arrest, Maloo was detained at Lakadganj Police Station and later presented before JMFC Khedkar-Garad, who remanded her to judicial custody. Maloo is currently lodged at Central Jail.

JMFC Khedkar-Garad, who approved the arrest, later rejected the CID's request for a 10-day police remand for Maloo. In response, the prosecution has filed a revision petition, challenging the decision. This petition is due for hearing on October 1.

The hit-and-run incident took place on February 25, when Maloo drove her Mercedes on Ram Jhula under the influence of alcohol and hit a Honda Activa, resulting in the deaths of two young men, Mohd Hussain Gulam Mustafa and Mohd Ateef Mohd Zia.

Maloo, her husband Dinesh Maloo, and a third accused, Madhuri Shishi Sarda, are under the charges of the Motor Vehicle Act. The case is being investigated by the State CID under High Court orders.

With the court now reviewing the legality of Maloo’s midnight arrest and the upcoming hearing on the revision petition for her police remand, the next few days will be critical in determining the course of the case. Additional Public Prosecutor G. N. Dubey has accepted notices on behalf of the prosecution and investigation agencies, while defence counsel Chandrashekhar Jaltare has submitted a memorandum of appearance for the accused.

The loopholes in the Ritika Maloo case are no surprise, once a high-profile case always a money-oriented case. The case is handed over to CID, opening court at 10 Pm in Night, and later arresting her at 1.45 am Midnight. A clear open and shut case is extended till 7 months, the victims family seeking justice are turning helpless.