SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Del) 2471

IN THE HIGH COURT OF DELHI AT NEW DELHI
NAJMI WAZIRI
Rakesh Kumar – Appellant
Versus
Vijayanta Arya (DCP) – Respondent


Advocates appeared:
Mr. Ajay Kumar Pipaniya, Ms. Pallavi Pipaniya, Mr. Prakash Puniyani, Mr. Akash Sethi, Mr. Imtiaz Hussain, Ms. Nikita Garg, Mr. Deepak Mathur, Mr. Sandeep Kumar, Ms. Madhurima Soni, Mr. Aditya Sharma and Mr. Lakshay Tomar, Advocates.
Mr. Shadan Farasat, ASC with Mr. Shourya Dasgupta, Advocate.

ORDER

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


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top