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Joginder Kumar case SC 1994

Joginder Kumar Versus State Of Uttar Pradesh
1994 (4) SCC 260 : AIR 1994 SC 1349

Para 24: No arrest can be made because it is lawful for the Police Officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so.

No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a Police Officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person's complicity and even so as to the need to effect arrest.

There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified.

Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave Station without permission would do.

The SC said …An arrest during the investigation of a cognizable case may be considered justified in one or other of the following circumstances :

(i) The case involves a grave offence like murder, dacoity, robbery, rape etc., and it is necessary to arrest the accused and bring his movements under restraint to infuse confidence among the terror stricken victims.

(ii) The accused is likely to abscond and evade the processes of law.

(iii) The accused is given to violent behaviour and is likely to commit further offences unless his movements are brought under restraint.

(iv) the accused is a habitual offender and unless kept in custody he is likely to commit similar offences again.

It would be desirable to insist through departmental instructions that a police officer making an arrest should also record in the case diary the reasons for making the arrest, thereby clarifying his conformity to the specified guidelines….

THIS RULING WILL BE APPLICABLE IN ALL CASES OF ARRESTS, WHETHER OR NOT PROVISIONS OF CrPC ARE APPLICABLE OR NOT.



Sandeep Jalan

Advocate

Law Referencer: https://www.vakeelkanumber.com/


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