IN THE HIGH COURT OF DELHI AT NEW DELHI
NAJMI WAZIRI
Rakesh Kumar – Appellant
Versus
Vijayanta Arya (DCP) – Respondent
NAJMI WAZIRI, J.
The hearing was conducted through video conferencing.
1. The petitioner was taken into custody on 23.08.2020 by R-3, Sub-Inspector, Mr. Kuldeep posted at PS : Maury a Enclave, Block-FP, Poorvi Pitampura, Delhi-34.
2. No notice was served upon him in terms of the dicta of the Supreme Court in Arnesh Kumar v. State of Bihar, which directed inter-alia as under:
“…
13. Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:
(1) All the State Governments to instruct its police officers not to automatically arrest when a case Under Section 498-A of the Penal Code, 1860 is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Code of Criminal Procedure;
(2) All police officers be provided with a check list containing specified sub clauses Under Section 41(l)(b)(ii);
(3) The police officer shall forward the checklist duly filed and furnish the reasons and materials which necessitated the arrest, while forwardi






Police must strictly follow procedural requirements before arresting individuals, ensuring the protection of their constitutional rights against unlawful detention.
Notices under Section 41A of the Cr.P.C. must include the crime number and relevant details to ensure transparency and protect the rights of the noticee.
Notices issued without disclosing the corresponding FIR and crime details violate legal standards under Section 41-A of the Cr.P.C., necessitating all mandatory information for legal validity.
The court clarified that procedural non-compliance in issuing notices under Section 41A does not equate to contempt if the accused is given opportunities to comply with the investigation.
Police notice for appearance – I.O. has to be careful and specific while issuing notice.
The court quashed criminal proceedings due to police failure to follow procedural mandates, highlighting the necessity for judicial oversight to prevent abuse of process and protect individual rights....
Failure to comply with procedural requirements under Section 41-A of Cr.P.C. during arrest was ruled as a violation of personal liberty and contempt of court.
Point of law: Under Section 41A to Section 41B is a sufficient guard to secure the attendance of an accused person to aid investigation in cases, where the punishability of the alleged offences does ....
Point of law : a person gets apprehension of being arrested in two situations:- firstly when a 'Notice' is issued to him under Section 41A (1) of the Code and secondly, after complying the terms of '....
The main legal point established in the judgment is that a petition seeking advance notice before arrest/detention, without challenging the notice under Section 160 Cr.P.C., is not maintainable under....
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