HANEEFA Vs. KUMAR

JUDGEMENT

(1.) This case presents an unfortunate situation where when an anticipatory bail application was moved by the petitioners, on the representation that they were not arrayed as accused as of then and they are not sought to be arrested, this Court disposed of the application recording the same and since no further order was warranted in the context the application was closed as far as the petitioners were concerned. In fact, the submissions made was that no crime was registered against the two petitioners. The complaint is that in spite of the submissions so made and the observations recorded by this Court on that basis on 4.1.2013, petitioners were arrested. It is contended that the said act on the part of the Police Officers concerned amounts to willful disobedience of the order of this Court and violation of the representation made before this Court. Hence the petition was moved for taking appropriate action.

(2.) The learned Public Prosecutor who made representation on instruction by Investigating Officer pointed out that at the relevant time only certain nick names were available to the Police and they were in dark regarding the real identity of the persons and it was honestly believed that the petitioners herein were not involved in the incident. Under those circumstances, such a representation happened to be made. There was no mala fide intention in making that representation on behalf of the Investigating Officer concerned and was made on the basis of materials then available.

(3.) The learned Public Prosecutor submitted that later on, on arrest of the some of the accused persons and also on the surrender of some accused persons as directed by this Court, during their interrogation, it was revealed that the petitioners herein were involved and that led to their arrest. There was no intentional flouting of the order of this Court nor was there any mala fide intention entertained by the Police Officer in making the arrest. It is pointed out that the Police Officer concerned has utmost respect for the orders of this Court and there was no intention to get over the orders of this Court. After having heard the learned counsel for the petitioners and the learned Public Prosecutor, it is felt that though the situation is unfortunate, no action as such is warranted. But it is necessary that some safeguard needs to be made in this regard in such cases. It is based on the representation made by the learned Public Prosecutor as instructed by the Investigating Officer that this Court happened to record that no crime was registered against the petitioners nor was there any intention to arrest that the petition was closed as far as the petitioners were concerned. It may be a bona fide submission. It may also so happen that later during investigation or on arrest of some of the accused on interrogating them, the actual involvement of those persons on whose behalf the representation made may be revealed. In such cases the arrest of the accused may become necessary.