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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Praveer Bhatnagar, J
Ravi Meena – Appellant
Versus
State of Rajasthan & Anr. – Respondent
ORDER
PRAVEER BHATNAGAR, J.
1. The petitioner has filed the present contempt petition against respondent No.1 alleging willful disobedience of the directions issued by the Hon’ble Apex Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 : 2014 5 Supreme 324 and has prayed for initiation of strict punitive proceedings.
2. The petitioner is aggrieved by his arrest dated 01.02.2023 in FIR No.346/2021, registered on 14.09.2021 at Police Station Anti Corruption Bureau, Jaipur, for offences under Sections 7 and 7-A of the Prevention of Corruption (Amended) Act, 2018 and Section 120-B Indian Penal Code, 1860.
3. Learned counsel for the petitioner submits that a notice dated 25.01.2023 was served upon the petitioner through WhatsApp by the Investigating Officer, to which the petitioner immediately responded, requesting reasonable time to appear in view of the illness of his wife.
3.1. It is further contended that the WhatsApp communication reflected that the Investigating Officer intended to proceed under Section 41-A Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C’) and had no immediate intention to arrest. However, despite such communication and without proper service of
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.
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.
Arrest may be authorised only if concerned officer has ‘reason to believe’ and there is `satisfaction qua an arrest’ that person has committed an offence – There must be a direct nexus or live link b....
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
Arrest and detention – No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person – It would be prudent and wise for a Police officer that no arr....
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 ....
Police must strictly follow procedural requirements before arresting individuals, ensuring the protection of their constitutional rights against unlawful detention.
Procedural lapses by law enforcement do not constitute contempt of court unless they result in significant prejudice, and appropriate remedies should be sought through other legal avenues rather than....
Compliance with procedural safeguards in arrest as established in Arnesh Kumar is crucial, particularly for offenses punishable with imprisonment of less than seven years; violations can infringe fun....
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