JASWANT SINGH Vs. SURINDER MALIK

JUDGEMENT

(1.) THIS contempt petition has been filed alleging that despite an order dated 28th July, 2004 passed by the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri whereby the Station House Officer, Police Station, Radaur was "directed to serve two days' advance notice before arresting the petitioner, if any case was registered against him in Police Station Radaur", the petitioner was arrested by the respondents who are police officer/officials of District Yamuna Nagar and have remained posted in Police Station at Radaur.

(2.) APPREHENDING that some FIR was likely to be registered against him and as a result thereof he would be arrested, the petitioner filed a pre-arrest bail application under Section 438 of the Code of Criminal Procedure before the learned Sessions Judge, Yamuna Nagar. Pursuant to notice, the police report dated 26th July, 2004 was received by the court of learned Additional Sessions Judge, Jagadhri, in which it was stated that no FIR was registered against the petitioner at that time, though he was challaned under Sections 107/151 Cr.P.C. However, after taking notice that the petitioner "apprehends harassment at the hands of the police for his false implication in some other cases", the directions, as noticed above, were issued by the learned Additional Sessions Judge vide his order dated 28th July, 2004.

(3.) THE petitioner, thus, alleges that since the respondents were obligated to issue him two days' advance notice (as directed by the learned Additional Sessions Judge vide his order dated 28th July, 2004) before arresting him, they have acted in derogation of the court's directions.