SHAUKIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned AGA and Mr Vimlendu Tripathi on behalf of the State -respondents. An affidavit of compliance has been filed on behalf of the Director General of Police.

(2.) IN the affidavit it has been stated that the police officers are strictly complying with the directions dated 11.10.11 and 14.12.11 issued by this Court as well as the circulars issued by the DGP pursuant thereof. However, regarding two districts, namely, Saharanpur, and Bareilly, the DIGs of the ranges have stated that in view of section 41(1)(b) Cr.P.C. when arrests are not effected in offences which are punishable with up to 7 years' imprisonment, the law and order situation, so far as petty matters are concerned, has worsened and the offenders are not afraid of committing crimes and difficulties are being experienced in getting recoveries made from them. Also that complainants are sometimes raising doubts about the fairness of the investigation.

(3.) WE may mention here that the said responses have proceeded on a misunderstanding of section 41(1)(b) Cr.P.C. which only provides that before making arrests in offences punishable with upto 7 years, the police officer has to be satisfied on the basis of a reasonable complaint or credible information or on existence of a reasonable suspicion that the person has committed a cognizable offence; and he is further to be satisfied that the offender's arrest is necessary to prevent him from committing any further offence or for proper investigation of the offence or for preventing him from causing the evidence of the offence to disappear or his tampering with the evidence in any manner or to prevent the person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or unless such person is arrested, his presence in the Court whenever required cannot be ensured. Once the police officer is satisfied as to the aforesaid, he shall record reasons in writing while making the arrest. As we have already observed in our order dated 11.10.11 that in cases, other than those of the categories mentioned above, where an accused has been implicated in a case punishable with up to 7 years, the arrest of the accused may not be necessary at the initial stage and his attendance may be secured by issuing a notice to him to appear before the police officer as provided under section 41A Cr.P.C. In such cases it would be advisable to arrest the accused only after sufficient evidence of his involvement in the crime has been collected and the charge sheet needs to be submitted.