Allahabad High Court says police officers duty-bound to record reasons for arrest of an accused

Allahabad_high_court

The Allahabad High Court while disposing the petition said that it is mandatory for the police investigation officer to inform and record the reasons for his arrest while arresting the person wanted in any crime.

The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prakash Padia passed this order while hearing a petition filed by Smt Rajkumari.

The petition has been preferred for quashing the FIR dated 1.4.2023 being Case under Sections 3/7 Essential Commodity Act, 1955 P.S Thathiya, District Kannauj and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.

The submission is that all alleged offences are punishable with imprisonment of seven years, therefore the police authorities are bound to follow the procedure laid down under Section 41-A CrPC. The petitioner has been wrongly implicated and could not be arrested.

Counsel for the petitioner has placed reliance on the judgement of the Court dated 28.01.2021 in Criminal Misc Writ Petition (Vimal Kumar and 3 others vs State of UP and 3 others) in which guidelines have been framed following the judgement of the Apex Court in different cases, relating to offences providing punishment of seven years or less.

The Court said that,

The investigating agencies and their officers are duty bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar v State of Bihar, (2014) 8 SCC 273. Any dereliction on their part has to be brought to the notice of the higher authorities by the court followed by appropriate action.

The principle that bail is the rule and jail is the exception has been well recognised through the repetitive pronouncements of the Apex Court, which is on the touchstone of Article 21 of the Constitution of India (Ref. Nikesh Tarachand Shah v Union of India, (2018) 11 SCC 1.

This provision mandates the police officer to record his reasons in writing while making the arrest. Thus, a police officer is duty-bound to record the reasons for arrest in writing. The consequence of noncompliance with Section 41 shall certainly insure to the benefit of the person suspected of the offence. On the scope and objective of Section 41 and 41A, it is obvious that they are facets of Article 21 of the Constitution. The same has been elaborately dealt with in paragraphs 7.1 to 12 of the judgment in Arnesh Kumar’s case (supra).

“We have gone through the impugned first information report and we are of the opinion that the guidelines framed by this Court in the above noted judgement are equally applicable to the facts of the instant case”, the Court observed.

Accordingly, the Court disposed of the petition in view of the judgments cited above.

The post Allahabad High Court says police officers duty-bound to record reasons for arrest of an accused appeared first on India Legal.



from India Legal https://ift.tt/pM7YxXv

Popular posts from this blog

What Is Solana: A Description, Use Cases, Prospects

Most traders focus on well-known cryptos only, like BTC or Ether. However, today, there are many other blockchain networks that are worth considering. And some of them, for example, Solana, even have ambitions to force current leaders out. Thus, we offer you to get acquainted with this coin without a delay. Solana (SOL) is one of the blockchain platforms created for performing transactions at a high speed and at a cheap price similar to other networks of this kind. Likewise, it can be utilized for trading, paying for diversified goods and services, performing smart contracts, creating NFTs, accessing decentralized financial opportunities, for example, loans, etc. Yet, when one asks the question “ What is Solana? ”, one usually wants to find out if it is worth buying, in the first place. Thus, we must note right away that this network outcompetes other popular platforms both in terms of speed and in terms of costs. To be more precise, it can process 13 deals per second, while Bitcoin ...
Read more

FX Options Trading: Best Online Brokers

Never used options on Forex? Looks like you missed lots of profitable deals. Be sure to learn more about this method and decide whether it suits you. Start by reading our short review for beginners. In the end, we will give you a list of companies that offer the best terms for such trades. Let us start with a short theory about this trading method. In practice, an option is a contract that allows a trader to buy or sell a certain currency at a chosen price and on a chosen date.  FX options trading  is based on forecasts. For example, if a potential buyer believes that the price of a certain currency will grow in the future, he can reserve the right to buy it at a lower price. For this opportunity, one must pay a commission (or a premium). Another crucial point is that executing such deals is optional. When the date agreed comes, one can decide whether it is worth buying or selling the currency chosen. Also Read: Interactive Brokers Fees: An Overview for Potential Users And...
Read more

Crypto Trading Bot: Should You Try It and Which One to Choose

Are you searching for an instrument that will help you trade crypto at minimum risk and time expense, but with maximum earnings? Then, try a trading robot. Find the basic information about this tool and the list of the most reliable and effective products offered by the market. So, such a robot is a program that executes trades involving crypto in an automated mode based on the market situation and parameters set by its user. It can make use of diversified algorithms, patterns, signals provided by other traders, etc. Here are the major benefits such software can offer:   Time economy. A day trader does not have to spend a whole day monitoring the market.   No human mistakes. Such a program operates in strict accordance with the parameters and algorithm set. By contrast with traders, it cannot make mistakes due to fatigue or external distractions.   Fast reaction. Compared to humans, it takes a bot less time to analyze the current situation on the mark...
Read more