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Synopsis

The Bombay High Court recently stated that the police should not arrest a person based on mere allegations and should verify the genuineness of the complaint.

The division bench of the High Court, comprising Justice Revati Mohite Dere and Justice Shyam Chandak, was hearing a petition filed by a journalist challenging his arrest in an extortion case.

Abhijit Padale, in his plea, contended that the provisions of Section 41A of the Code of Criminal Procedure were not followed by the police.

The high court stated that since the offence in question was punishable by less than seven years, a notice under Section 41A of the Code of Criminal Procedure should be served. This section mandates that unless there is a necessity to arrest, the police may serve a 41A notice and record the statements.

The high court also noted that it would be prudent for the police to refrain from making an arrest until an investigation into the genuineness of the allegations is conducted.

"No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent and wise for a police officer that no arrest is made without a reasonable satisfaction reached after some investigation as to the genuineness of allegations," the court said.

The bench, while noting that Abhijit Padale was deprived of his liberty, directed the Mumbai Police Commissioner to appoint a Deputy Police Commissioner-rank official to investigate the arrest and the conduct of the officers from Vakola Police Station.

The bench also ordered the state to pay a compensation of ₹25,000 to Padale and instructed the state to recover the amount from the salary of the officer responsible for Padale's arrest.

Case title: Abhijit Padale vs State of Maharashtra