The Delhi High Court has reprimanded the police for the arrest of the accused. Giving relief to the accused of fraud, the Sessions Court’s decision was canceled by the High Court. The High Court, while restoring the bail of the accused, said that it would be mandatory for the police (police) officer to give the reason for the arrest in writing. The court has said that the negligence of the police will not be tolerated in the arrest process. The police will have to strictly follow the fixed process. Otherwise the arrest can be considered illegal.
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The court clarified that the basis of arrest should be present and police diary or other documents should be recorded. The court said that the reason for the arrest in the remand application cannot be considered as the law. A single bench of Hoicourt Justice Anup Jairam Bhambani said that any person should be given immediately in writing on the basis of arrest.
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The court considered the process of giving the process of arrest in the remand application as illegal. The court said that it would be mandatory for the officer to give the reason for the arrest in writing. The procedure should be completed with arrest memo. In fact, the accused was accused of sending an Afghan citizen to send Indian passports, Aadhaar cards and PAN cards to Spain. However, the name of the accused was not registered in FIR. The person was given notice under Section 41A of CRPC. The accused was arrested after calling for questioning.
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Please tell that the magistrate court rejected the remand application of the police and granted interim bail to the accused. Then regular bail was converted, but Delhi Police filed a review petition in the sessions court. The bail of the accused was canceled, approving the petition. The High Court canceled the order of the session court and restored the bail of the accused.
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The Delhi High Court clarified that a person coming to the police station cannot be considered as arrest. The court said, it will depend on the circumstances of each case as to what time the person was deprived of his freedom in the police station and whether he was really detained or not. The Delhi High Court, citing Amandeep Singh Johar vs. State (NCT Delhi) and other case, said that the police cannot be an option to print several copies of Section 41A of CRPC, to the prescribed process.
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The High Court emphasized that it is mandatory to give in writing on the basis of arrest and the process should be adopted strictly. It has become clear from the court’s decision that no negligence will be tolerated in the rules of arrest now.
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