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2026 Supreme(Online)(P&H) 3374

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Mr. Amit Gupta, J
SANDEEP KUMAR – Appellant
Versus
PANKAJ NAIN IPS AND OTHERS – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Amit Gupta
For the Respondents:Mr. Ram Karan Sharma, DAG, Haryana, Mr. P.S. Poonia, Sr. Advocate, Mr. Dharampal Saini, Mr. Pulkit Dhanda, Mr. Yudhveer Hooda

It is very frequently observed by this Court that contempt petitions are filed for disobedience of Criminal Appeal No. 1277-2014 in SLP (CRM) No. 9127-2013 titled as Arnesh Kumar vs. State of Bihar and others before this Court against State of Punjab and Haryana. In Arnesh Kumar’s case (supra), Hon’ble the Supreme Court passed the following directions:-

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 IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 , Cr.PC;

(2) All police officers be provided with a check list containing specified sub- clauses under Section 41 (1)(b)(ii);

(3)The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/ producing the accused before the Magistrate for furt

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