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It is often seen that Investigation officers do not fallow the circular issued by DG & IGP of karnatka dated 01-10-2010 which has been issued on the guide lines of supreme court regarding section 498 A of Indian penal code. The officers either have not seen the circular or ignorant of the same.
Our endeavour in this judgment is to ensure
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It is often seen that Investigation officers do not fallow the circular issued by DG & IGP of karnatka dated 01-10-2010 which has been issued on the guide lines of supreme court regarding section 498 A of Indian penal code. The officers either have not seen the circular or ignorant of the same.
Karnataka DGP Circular – 498A arrest guidelines
English Translation:
No: 10/
/2010
Director general and Inspector General of Police
Station, Nrupatunga road, Bangalore
Date: 01-10-2010
Sub: Under 498, 498a I.P.C and Dowry prohibition act, the
Procedure to arrest the Accused.
Based on the study of complaints of 498, 498a IPC and Dowry
prohibition act, some of the cases registered against the husband and his near
and dear innocent relatives found making false allegation. It is common that in
these kinds of complaints the petitioner happens to involve the accused
relatives. And after investigation it is seen that the in this type of
complaints the accused remains/found as innocent. The Police officers make
mistake without making the decision whether they have to arrest accused or not
after collecting the correct witness and proof of evidence.
According to Orders of Honorable Supreme court of India in
Jogindar Kumar vs Uttar Pradesh state direction. Police officers have got power
to arrest as per C.R.P.C 41. BUT before arresting they have to do the
investigation and collect the enough witness and proof of evidence. Then they
have the confirm whether he/she (accused) can be arrested. Then the accused is
arrested. Otherwise Arresting the accused based on the complaint of anybody or
because of the names are there in FIR is not correct.
Taking the consideration as per above guideline of Honorable
Supreme court of India, It is necessary to take Action to Protect the Human
rights of any innocent human being.
Because of this before arresting any person (Female, Male and
Children’s) under these acts, the investigation report should be reviewed by
the corresponding superintendent of police/Deputy commissioner of police and
upon getting the permission only the accused should be arrested. In this regard
the corrsponding police officers should submit the collected evidence to
corresponding superintendent of police/Deputy commissioner of police for
review. The higher offices after analyzing the merits and each of the accused,
they have to take decision to whether to arrest or not. It is proper to arrest
once after getting the permission.
In all there kinds of complaints or Acts .The procedure should
be followed or noticed by all higher officials.
Director general and inspecter general of police
To,
1) To all police offices (Names)
2.) To all police officers K.G.F and Railways.(Names)
Copy
To all jurisidiction Police officers
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
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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 further
detention;
(4) The Magistrate while authorising detention
of the accused shall peruse the report
furnished by the police officer in terms
aforesaid and only after recording its
satisfaction, the Magistrate will authorise
detention;
(5) The decision not to arrest an accused, be
forwarded to the Magistrate within two
weeks from the date of the institution of
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the case with a copy to the Magistrate
which may be extended by the Superintendent
of police of the district for the reasons
to be recorded in writing;
(6) Notice of appearance in terms of Section
41A of Cr.PC be served on the accused
within two weeks from the date of
institution of the case, which may be
extended by the Superintendent of Police of
the District for the reasons to be recorded
in writing;
(7) Failure to comply with the directions
aforesaid shall apart from rendering the
police officers concerned liable for
departmental action, they shall also be
liable to be punished for contempt of court
to be instituted before High Court having
territorial jurisdiction.
(8) Authorising detention without recording
reasons as aforesaid by the judicial
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Magistrate concerned shall be liable for
departmental action by the appropriate High
Court.
We hasten to add that the directions
aforesaid shall not only apply to the cases
under Section 498-A of the I.P.C. or Section 4
of the Dowry Prohibition Act, the case in
hand, but also such cases where offence is
punishable with imprisonment for a term which
may be less than seven years or which may
extend to seven years; whether with or without
fine.
We direct that a copy of this judgment be
forwarded to the Chief Secretaries as also the
Director Generals of Police of all the State
Governments and the Union Territories and the
Registrar General of all the High Courts for
onward transmission and ensuring its
compliance.
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By order dated 31 of October, 2013, this
st
st
Court had granted provisional bail to the
appellant on certain conditions. We make this
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order absolute.
In the result, we allow this appeal,
making our aforesaid order dated 31 October,
st
st
2013 absolute; with the directions aforesaid.
………………………………………………………………J
(CHANDRAMAULI KR. PRASAD)
………………………………………………………………J
(PINAKI CHANDRA GHOSE)
NEW DELHI,
July 2, 2014.