Allahabad High Court News: It Is Necessary For The Police Officer To Mention The Reasons For The Arrest

Allahabad High Court News: It Is Necessary For The Police Officer To Mention The Reasons For The Arrest

The Allahabad High Court has made important remarks in the matters of arrest. The Court said that the police officer or the investigating officer is required to record the reasons for the arrest of any wanted person, it is binding. He will also have to follow the procedure under sections 41 and 41A of the Code of Criminal Procedure (CrPC), which lay down the arrest in case of cognizable or non-cognizable offences.

The division bench of Justice MC Tripathi and Justice Prakash Padia gave this decision while disposing of the petition of the petitioner princess of Kannauj. A case was registered against the petitioner under the Essential Commodities Act. Seeking to quash the FIR and stay the arrest, the petitioner argued that all the sections in the trial were punishable with less than seven years of punishment. He has been wrongly implicated.

Argued that the police officers are bound to follow the procedure laid down under Sections 41 and 41A of CrPC. There is a provision that while arresting someone, the police officer shall record the reasons in writing. He referred to the decision of the Supreme Court in the case of Vimal Kumar and Arnesh Kumar v. State of Bihar.

Said, the police officers are bound to follow the guidelines issued by the Supreme Court in these matters. The High Court said that the decisions of the Supreme Court are fully applicable in the present case. Therefore, the orders of the Apex Court in the matter should be followed.