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2025 Supreme(Online)(Ker) 17056

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
N.PRAKASH – Appellant
Versus
SHANKAR JIWAL IPS – Respondent


Advocates:
N.PRAKASH(PARTY-IN-PERSON), P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P., SRI.T.V.GEORGE, SRI.JIMMY GEORGE (THADATHIL), SMT.LINDA GEORGE, SMT.ADORN ANNA MARTIN

J U D G M E N T

Sushrut Arvind Dharmadhikari, J.

The present contempt case has been filed under Section 12 of the Contempt of Courts Act, 1971 alleging non- compliance/violations of the directions of the Hon’ble Apex Court in the caseD.K. Basu v. State of West Bengal [AIR 1997 SC 610].

2. The brief facts of the case are that the petitioner was arrested on 28.07.2024 by one Police Officer deployed by the 2nd respondent and assisted by the complainant who submitted a complaint against the petitioner and his son to the 2nd respondent and other three persons. FIR was lodged by the 2nd respondent on 24.07.2024.

3. The contention of the petitioner in person is that the Hon’ble Apex Court, in paragraph 36 of D.K. Basu’s case (supra), has laid down certain guidelines to be followed in all cases of arrest or detention. Paragraph 36 reads as follows:

“36. We, therefore, consider it appropriate to issue the following requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures :

(1) xxxxx

(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall

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