MANIMUTHU Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) LEARNED counsel for the petitioner seeks permission of this Court to withdraw this Criminal Original Petition. He has also made an endorsement to that effect.

(2.) IN view of the same, this Criminal Original Petition is dismissed as withdrawn. However, the respondent police is to take note of the position that arrest of accused is not to be resorted to as a matter of course. Again in the event of accused persons being produced before them, the jurisdictional Magistrate is required not to effect remand in a mechanical manner. The clear dictum of the Honourable Apex Court in Arnesh Kumar vs. State of Bihar and Another reported in : (2014) 3 MLJ (Crl.) (SC), is to be followed both by the respondent police as also the concerned jurisdictional Magistrate. For ready reference, the judgment referred to is reproduced hereunder:

(3.) IN sum and substance, allegation levelled by the wife against the appellant is that demand of air -Rupees eight lacs, a maruti car, an conditioner, television set etc. was made by her mother -in -law and father -in -law and when this fact was brought to the appellant's notice, he supported his mother and threatened to marry another woman. It has been alleged that she was driven out of the matrimonial home due to non -fulfilment of the demand of dowry.