Title: Rajkumari vs. State Of U.P. And 3 Others
Decided on: 28th June, 2023
CRIMINAL MISC. WRIT PETITION No. – 7496 of 2023
CORAM: HON’BLE JUSTICE MAHESH CHANDRA TRIPATHI J, HON’BLE PRAKASH PADIA J.
Introduction.
The Allahabad High Court, in its recent judgment passed an order compelling police officers to keep a written record for the reason for arrests. Such an obligation arises from Section 1 of the Criminal Code of Procedure (the CRPC). The court is of the opinion that the objectives of Sections 41 and 41A are such that it comes under the facet of Article 21 of the Indian Constitution. Hence, they must be adhered to.
Analysis.
The Court while passing the judgment relied on the judgment passed in Arnesh Kumar v. State of Bihar. As per the judgment of this case, when an offence carries a sentence of less than seven years in prison, the arrest should be the exception rather than the rule, and a notice must be sent to the accused, as per Section 41A of the CRPC.
The Court allowed for an arrest to be made in exceptional cases, but the reasons for arrest are to be recorded.
The Court also stated that failure on the part of the investigating authorities in complying with these rules would have to be brought to the notice of higher authorities by the Court, and appropriate action would be taken. It is of the opinion that such non compliance would contribute to the benefit of the suspected offender.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Varada Hawaldar
