Excelsior Correspondent
JAMMU, Aug 31: In a petition seeking quashment of FIR in 498-A CrPC, High Court today directed Director General of Police to ensure strict compliance to the guidelines issued by the Supreme Court in dowry and cruelty cases.
“Since the guidelines issued by the Supreme Court in Arnesh Kumar case have vital significance in registration of cases by the police agency under Section 498-A RPC, the DGP is directed to forthwith circulate a copy of this judgment to the Station House Officers of all the Police Stations of the State with a direction to strictly follow the guidelines issued by the Supreme Court in registration of cases under Section 498-A RPC”, Justice Tashi Rabstan said.
The guidelines issued by the Supreme Court are aimed at ensuring that police officers do not arrest accused unnecessarily and Magistrate does not authorize detention casually and mechanically. Through these guidelines, police officers have been instructed not to automatically arrest when a case under Section 498-A is registered but to satisfy themselves about the necessity for arrest under the laid down parameters.
The guidelines state: All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii); 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; the Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer and only after recording its satisfaction, the Magistrate will authorize detention; the decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons. Moreover, Magistrate concerned shall be liable for departmental action by the appropriate High Court.
After going through the petition filed by Kishor Kumar, Sarpanch Panchayat Halqa Maralian and two others challenging FIR No.44 of 2015 dated 04.08.2015 of Police Station Women Cell, Gandhi Nagar, Justice Rabstan issued notice to respondents and directed that till next date of hearing petitioners shall not be arrested.
“Since the guidelines issued by the Supreme Court have vital significance, the court deem it proper to issue a direction to the Director General of Police to forthwith circulate a copy of this judgment to the Station House Officers of all the Police Stations of the State with a direction to all the SHOs to strictly follow the guidelines issued by the Supreme Court in registration of cases under Section 498-A RPC”, Justice Rabstan said, adding “any deviation from the same on the part of SHOs would be viewed seriously”.
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