C.T.SELVAM
Rajathi – Appellant
Versus
State rep. by The Inspector of Police – Respondent
1. The petitioner seeks to quash the FIR registered in Cr.No.5 of 2013 on the file of the 1st respondent.
2. Perusal of the F.I.R in this case prima facie informs of the commission of offence also by the petitioner.
3. In the circumstances, truth or otherwise of the F.I.R allegations are the matters for investigation. Hence, this petition stands dismissed. However, the respondent police is to take note of the position that arrest of accused is not to be resorted to as a matter of course. Again in the event of accused persons being produced before them, the jurisdictional Magistrate are required not to effect remand in a mechanical manner. The clear dictum of the Honourable Apex Court in Arnesh Kumar vs. State of Bihar and Another reported in, is to be followed both by the respondent police as also the concerned jurisdictional Magistrate. For ready reference, the judgment referred to is reproduced hereunder:
"1. The petitioner apprehends his arrest in a case under Section 498-A of the Indian Penal Code, 1860 (herein after called as IPC) and Section 4 of the Dowry Prohibition Act, 1961. The maximum sentence provided under Section 498-A IPC is imprisonment for a term which may
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