WHEN TO ARREST OR NOT TO ARREST WE WON’T SAY ANY OF THIS” – SUPREME COURT QUASHING THE KARANTAKA HC DIRECTION ON ARREST


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We are approving the entire judgement of the High Court except one sentence- Only in so far as there is a positive direction to the Investigating Officer to arrest the petitioner, we are only setting that aside”. Supreme Court

A vacation bench of Justice Hemant Gupta and Justice V Ramasubramanium was ruling on an appeal against the High Court order  canceling anticipatory bail granted by the Additional District and Sessions Judge, Mangaluru to the petitioner for the offences under Section 323 (Punishment for voluntarily causing hurt.) and Section 376 (Punishment for rape.) of the Indian Penal Code (IPC) a May 24 order .The case was filed for allegedly compelling the complainant for sexual intercourse on the false promise of marriage
The HC of Karanataka directed the state DGP to entrust the investigations to the Corps of Detectives (COD) and asked the COD to submit a final report within three months from the date of the order. The High Court had also directed the DSP(District Superintendent of Police) to initiate some action against the police personnel who was involved with the petitioner and and to submit a report within a time period of three months. Finally, the High Court had asked the Investigating Officer to take the accused into custody and produce him before the concerned jurisdictional Court.
“We find that such direction to take the accused into custody is to beyond the jurisdiction of the High Court. Whether an accused is liable to be arrested is based upon the decision of the Investigating Officer depending upon the material collected during the investigation which may be conducted in a particular crime. It is for the Investigation Agency to whom the investigation has been entrusted to take a call as to when the petitioner is to be arrested”, said the Supreme Court . Quashing the SLP(Special Leave Petitions) the court also added that it is upto the Investigating Officer to decide when the petitioner has to be arrested or not .

REPORTED BY:-
CHITRANGADA SINGH DHONI


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Manish Tiwari

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