DOMINIC PENDANATH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The remnants of the present proceeding registered on an application under Section 438 Code of Criminal Procedure (hereinafter referred to as the CrPC) made by the petitioner for grant of pre-arrest bail in connection with Doimukh P.S. Case No. 13/2008 under Sections 497/498 Indian Penal Code (for short hereafter referred to as the IPC) remain for judicial scrutiny in view of the direction of this Court contained in its order dated 17.11.2008 requiring the Inspector General of Police, Arunachal Pradesh, to cause an enquiry to be made into the allegations of his wrongful detention in custody and torture thereat. The petitioner meanwhile has been released on bail.

(2.) I have heard Mr. J. C. Barman, learned Counsel for the petitioner and Mr. B. Banerjee, learned Public Prosecutor, Arunachal Pradesh.

(3.) The factual background in brief indispensable. On a complaint being lodged by one Shri Tana Hali Tara on 26.8.2008 with the Extra Assistant Commissioner, Doimukh, Papum Pare District (A.P.), alleging that the petitioner had enticed away his wife Smt. Tana Rupali. The said authority who at the relevant point of time had been functioning as Judicial Magistrate First Class, Doimukh, forwarded the same to the Officer-in-Charge, Doimukh Police Station, to register a case and launch an investigation. Thereby the Police was also authorised to arrest the petitioner and produce him in his Court. Accordingly Doimukh P.S. Case No. 13/2008 was registered under Sections 497/498 IPC and the Officer-in-Charge, Doimukh P.S. took over the responsibility to investigate the case. As the original records of this case would reveal, on the very next date, on a prayer made on behalf of the Investigating Authority, the Judicial Magistrate First Class, Doimukh, Papum Pare, issued a non-bailable warrant of arrest against the petitioner and entrusted the Officer-in-Charge, Doimukh P.S., to execute the same. A "look out" notice was also publihed in the issue dated 30.8.2008 of the local daily "Arunachal Times" carrying the name and particulars of the petitioner with an appeal to all concerned to assist the Police to trace him (petitioner) out.