SURESH GUPTA Vs. ALOK KUMAR VERMA AND ORS

JUDGEMENT

(1.) Present contempt petition has been filed alleging wilful disobedience of Guidelines/Directions with respect to arrest of persons laid down by the Apex Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 wherein it has been held that in all cases where the offence alleged to have been committed is punishable with imprisonment for a term less than seven years, with or without fine, no automatic arrest shall be made by the police officers unless a notice of appearance in terms of Section 41A of the Cr.P.C. is served upon the accused within two weeks from the date of institution of case and further the reasons for arrest are specifically recorded.

(2.) Mr. Rajesh Yadav, learned counsel for petitioner states that despite the aforesaid judgment, respondent No.5/IO of case FIR No.502/2016 Police Station Sarai Rohilla, New Delhi under Section 308/34 IPC applied for and got issued non-bailable warrants against the petitioner as well as his family members within seven days of registration of the aforesaid FIR without issuing a notice of appearance under Section 41A Cr.P.C.

(3.) A perusal of the paper book reveals that though the plea of violation of Section 41A Cr.P.C. was specifically raised before the High Court at the time of anticipatory bail, yet the said plea was dismissed. Even interim protection initially granted by the Supreme Court was subsequently dismissed.