Lawstreet Journal

Jharkhand HC Hauls Up Bihar & Jharkhand Senior Police Officers For Arresting Public Prosecutor Without Following Due Procedure

Lawstreet Journal 11 Nov 2021 8:11pm

Image courtesy: Lawstreet Journal Judiciary Jharkhand HC Hauls Up Bihar & Jharkhand Senior Police Officers For Arresting Public Prosecutor Without Following Due Procedure

The Jharkhand HC questioned the action of senior police officers of Bihar and Jharkhand in a matter concerning the arrest of a Ranchi-based lawyer on account of their failure to follow the due process of law. 

A bench comprising of Justice Sujit Narayan Prasad and Justice Ananda Sen was hearing a writ petition filed by the wife of additional public prosecutor seeking to know the whereabouts of her husband alleging that he had been detained by the Bihar police. 

After filing of the writ petition and the delivering of the copy to the counsel of the petitioner, the petitioner’s husband was released from police custody. The Bench hauled up the Additional Superintendent of Police, Danapur, and Senior Superintendent of Police, Patna, and the Senior Superintendent of Police, Ranchi and sought their responses regarding various queries of the Court.

FACTS OF THE CASE

Additional Public Prosecutor, Rajneesh Vardhan was allegedly picked up by Patna police on November 7, 2021 from his residence for his alleged involvement in connection with a case registered under Sections 341, 406, 420, 506 and 120B of the Indian Penal Code. 

Appearing before the Court, the Senior Superintendent of Police, Ranchi told the Court that the husband of the writ petitioner had not been produced before any local magistrate for transit remand.

Against this backdrop, the Court, prima facie found that the procedure as stipulated in the Code of Criminal Procedure which is mandated to be followed before arresting a person had not been followed in the… Continue Reading...


Tagged: Jharkhand High Court  
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