Summoning and detaining order should be backed by reasonable crime registered against a person- SC
The Apex Court, while setting aside High Court’s order, made an observation that a person could not be summoned and detained in absence of a crime registered against him as the same would be violative of natural principles of justice.
In the instant case, the petitioner first approached Andhra Pradesh High Court and sought for relief against any arrest in absence of a notice under Section 41A of Code of Criminal Procedure. Earlier, his wife had lodged a complaint under Section 498A of Indian Penal Code.
Even after the High Court passed an order in his favor, he had been forcibly taken and detained by the police officers. In furtherance to this, he filed a contempt case alleging the non-compliance of High Court order.
The police officer who arrested him had been held guilty of contempt and later sentenced to three months of imprisonment. However, the same had been set aside by the division bench on the ground that no crime had been registered. The bench also placed reliance on the directions issued in the case of Arnesh Kumar v State of Bihar.
The bench backed its order by observing that in absence of crime record, the question of arresting the writ petitioner would not arise.
The Supreme Court, while hearing the appeal, observed that there had also been clear cut violation of directions issued in D.K. Basu v State of West Bengal. The bench reiterated the directions issued in the aforesaid cases and held that prima facie reason would be violation of basic principles instead of no crime being registered against the petition.
The bench, however, modified the sentence awarded by the court from three months to 15 days of the responsible police officers.
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