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The Allahabad High Court has directed Police Authorities to desist from making automatic and routine arrests, specifically in cases related to section 498A of the IPC (Husband or relative of husband of a woman subjecting her to cruelty).

A division bench of Justices Dr. Kaushal Jayendra Thaker and Gautam Chowdhary noted that despite the safeguard provided for under section 41A of the CRPC, which stipulates issuance of a notice directing a person against whom a reasonable complaint has been made to appear before the police or at any such place specified in the notice, upon compliance of which there is no need for the arrest to be effectuated, police is still routinely proceeding to arrest accused persons, even if they are involved in offences punishable with up to 7 years imprisonment.

Court has thus directed all Magistrates to report the names of such police officers who they think make arrests in a mechanical or mala fide manner, so that appropriate action may be taken against them.

Court relief upon the Apex Court's decision in Social Action Forum for Manav Adhikar & Anr. Vs. Union of India & Ors. which found, inter alia, that Sessions District Judges should be directed to impress upon the remand Magistrates not to routinely grant remand of accused to police officers seeking remand for accused if the preconditions for granting the remands mentioned in sections 41(1)(b) and 41 A Cr.P.C. are not disclosed in cases punishable with 7 year terms, or where the police officer appears to be seeking remand for an accused in a mala fide manner in the absence of concrete material.
 

Factual Matrix:

The judgment comes in light of a writ petition filed by a family, accused of demanding dowry from their daughter-in-law. The Petitioner(s) submitted the concerned police officer regularly visited his house under the influence of the Complainant.

It was argued that police cannot arrest the Petitioners without giving notice.

Bench observed,

"We have been pained to note that regularly petitions are filed where the offence committed would be for a lesser period then seven years or maximum punishment would be seven years and they routinely bring by way of writ petition scrap of being arrested," the bench observed.

Directions issued by Court:

Inter alia, the Court issued following directions:

• The State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41-A of CrPC, 1973.
• All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii).
• The police officer shall forward the check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention.
• The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention.
• Notice of appearance in terms of Section 41-A CrPC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing.

Case Title: Vimal Kumar & Ors. v. State of UP & Ors.
Statute/ Point of Law involved: Indian Penal Code, Criminal Procedure Code

Click Here To Access Copy of Judgment