Excelsior Correspondent
JAMMU, Sept 12: Additional Sessions Judge Jammu Tahir Khurshid Raina has issued several directions to the police on handling of matrimonial disputes.
While hearing a bail application, Additional Sessions Judge observed, “day in and day out this court is dealing with anticipatory bail applications based on apprehension of arrest on account of lodging of complaints by wives against their husbands and their relatives for commission of offences under Section 498-A RPC”.
“The general concern is being shown that on mere lodging of such complaints police immediately resorts to arrest of the alleged accused and thus results into lot of agony and bad name for the matrimonial family”, court observed, adding “this action of the police even causes more damage to the matrimonial and sacramental relation of husband and wife and even spoils any left out scope of reconciliation between the estranged couple”.
Court further observed, “facts remain that the police officer of the case is under a legal duty to have a preliminary enquiry in the first instance when any such complaint is lodged and then after drawing a proper satisfaction to be recorded that arrest of the accused is inevitable in the facts and circumstances of the case then only should exercise the power of arrest”.
While dealing with complaints for alleged commission of offence of cruelty as defined under Section 498-A RPC, court said, “police has been given a role of re-conciliator than of mere investigators and prosecutors in the case. It is in this context the Supreme Court has shown its serious concern about the misuse of the this penal provision of the code and issued various directions in various cases with regard to fair investigation and avoiding arrest of the husband and his relatives on mere filing of the complaint”.
While disposing of anticipatory bail application, the court directed SHO Women Cell Jammu to proceed in such matters accordingly. “At the same time applicants are directed to respond to the direction of the SHO Police Station Women Cell without fail with regard to any enquiry /investigation of any complaint lodged against them”, the court added.
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