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No Automatic Arrest in 498A Case: Allahabad HC Issues Comprehensive Directions on 41A Cr.P.C

Team SoOLEGAL 29 Jan 2021 3:20pm

No Automatic Arrest in 498A Case: Allahabad HC Issues Comprehensive Directions on 41A Cr.P.C

Allahabad High Court provided certain guidelines and directions to when police can arrest under Section 41(A) of Criminal Procedural Code. With reference of the case [1]Social Action Forum for Manav Adhikar Vs. Union of India, Ministry of Law and Justice and others where the Supreme Court of India had issued guidelines for when a person is accused and the punishment for the crime be less than 7 years then the accused will be produced before the Magistrate and remand should be granted if the Court is satisfied enough and conditions under Section 41(I) (b) and 41 A Cr. P.C. are fulfilled.  If an accused surrenders himself, then he will imprisoned for a comparatively lesser time and should be granted bail in very less time. If a police officer arrests an accused mechanically without applying his own mind then necessary actions would be taken against the police official. If a person surrenders himself and the investigation for his crime is completed then the Magistrate will have the right to take him to the Judicial Custody under Section 170(I) and Section 41(I)(b)(ii)(e) of Cr.P.C but prolonged imprisonment will not be mandatory or needed.

Following the orders of the Supreme Court, Allahabad High Court stated that the state Government will direct police officials to not arrest any accused without applying their minds when a case is lodged under Section 498(a) of I.P.C without utmost necessity following Section 41(A) of Cr.P.C. 1973. A police officer should follow a list with all the necessary clauses and sub-clauses under Section 41(1)(b)(ii). The list should be submitted to the Court before producing an accused in front of the Court. After verifying the police reports, if the Magistrate is satisfied then only detention of the accused will be ordered and the case will proceed further. Notice of appearance in Court under Section 41(A) of Cr.P.C. should be served to the accused within two weeks of the date of the registration of the case and the time of serving notice can be extended only if the Superintendent of police finds it extremely necessary.



Tagged: 498A Case   Allahabad HC   Criminal Procedural Code   Supreme Court  
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