The court emphasized the necessity for police to adhere to procedural safeguards under Cr.P.C. before arrest, ensuring reasoned remand orders to prevent unlawful detention.

CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE S. B. PD. SINGH)

Date : 16-05-2025

Heard the parties.

2. The present petition has been filed for initiating contempt proceedings against the respondents/contemnors for deliberately and willfully disobeying and not complying the orders passed by Hon’ble Apex Court in illegally detaining the petitioner in judicial custody.

3. As the facts would unveil, the informant, Ruby Kumari registered an F.I.R against Kartik Sharma, Chandeshwari Sharma and petitioner Chhotu Sharma on 03.12.2021 alleging therein that on 10.07.2021, Kartik Kumar Sharma being neighbour of the informant took a loan of Rs. 5,20,000/- for personal need and promised to return the aforesaid amount by September, 2021 and as a security, he issued two cheques bearing Cheque Nos. 507316 and 507317 of the aforesaid amount in favour of the informant. However, when Kartik Sharma did not return the amount on the assigned date, he convened a Panchayti. In the Panchayati, co-accused Kartik Sharma, Chandeshwari Sharma and petitioner Chhotu Sharma assured the informant to return her money by 03.10.2021, else, informant would be free to receive her amount by submitting two cheques issued earlier into her bank account. When the informant did not receive her amount till 03.10.2021, she submitted aforesaid two cheques for its encashment which got bounced on account of insufficient balance in the account of the drawer. The informant, thereafter, served two legal notices on 11.10.2021 and 03.11.2021 respectively upon the accused persons but despite receiving the said notices, they neither returned the amount nor responded of the legal notices. On 24.11.2021, at about 9 O’ clock, all the F.I.R named accused persons including the petitioner came at the house of the informant, dashed and threatened her of dire consequences. Hence, the F.I.R.

4. The said complaint case was sent to the concerned Police Station under Section 156 (3) of the Cr.P.C, on the basis of which, Supaul P.S. Case No. 821 of 2021 was registered against Kartik Sharma, Chandeshwari Sharma and petitioner Chhotu Sharma under Sections 341 , 323, 354, 506, 420, 504, 506 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act .

5. As the narration would unfurl, on 12.02.2022, the Investigating Officer (respondent No. 9) arrested the petitioner along with other accused persons and produced them before learned Judicial Magistrate, 1^st Class, Supaul (respondent No. 4), who was In-charge, C.J.M on that date.

6. On 12.02.2022, when the accused/writ petitioner were produced for the first time before the Magistrate, the following order was passed which has been brought on record as Annexure-2.

7. From bare perusal of the order dated 12.02.2022, it clearly transpires that learned Magistrate had refused to remand the accused/writ petitioner because neither notices under Section 41 A of the Cr.P.C was served upon the petitioner along with other co-accused person namely Chandeshwari Sharma nor the law laid down under Section 41 (1) Cr.P.C has been complied nor Investigating Officer was present at the time of remand of the accused persons.

8. After refusing to remand the accused persons/writ petitioner, on the next day i.e. 13.02.2022, the Investigating Officer rendered a forwarding letter to the learned Chief Judicial Magistrate, Supaul, requesting him to keep the accused persons in judicial custody for atleast one fortnight. The forwarding letter of the Investigating Officer which has been brought on record as Annexure-3