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AHSANUDDIN AMANULLAH, PRASHANT KUMAR MISHRA
Vijay Pal Yadav – Appellant
Versus
Mamta Singh – Respondent
| Table of Content |
|---|
| 1. improper police conduct and physical abuse (Para 1 , 2) |
| 2. safeguards for individual rights during arrest (Para 5 , 7 , 8 , 9 , 10 , 11) |
| 3. closure of proceedings with warnings (Para 6 , 12 , 13 , 14 , 16) |
ORDER :
1. The basic grievance of the petitioner in the present petition is that he was not subjected to due treatment required under law by the police, when they investigated a dispute he had with his neighbour. His contention was that the law, as settled in Arnesh Kumar Vs. State of Bihar & Another, (2014) 8 SCC 73 regarding arrest, has been totally flouted. The further contention was that the high-handedness of the police was such that the petitioner was subjected to physical abuse, both at the spot as well as later in the Police Station.
2. In support of such argument, learned counsel for the petitioner has drawn the attention of this Court to the e-mail sent by his brother at 11:24 AM on the same day as also to the concerned Superintendent of Police, where it is alleged that the police had arrested his brother. Learned counsel further reiterated that there was physical abuse at the Police Station, only because an e-mail was sent to the higher officials, as a kn
Point of law : State Police Chief should appositely remind all officers of their unexpendable obligation to treat and address citizens with respect
(1) Enquiry into a non-cognizable offence or a cognizable offence is unfettered powers of Investigating Officers.(2) While summoning any person named in complaint or any witness to incident complaine....
No authority can arrogate to itself the power to act in a manner which is arbitrary. It is unfortunate that matters which require immediate attention linger on and man in street is made to run from o....
The court cannot supervise the investigation and completion of investigation without unnecessary delay is mandated by Section 173(1) of Cr.P.C.
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