This petition was filed seeking a writ of mandamus for declaring the Notice issued by the Station House Officer, Nacharam Police Station in accordance with and in terms of Section 41A of the Code of Criminal Procedure (henceforth referred to as ‘the Code’), as bad in law.
However, even assuming that the allegation made by the petitioner against the Police that he has been detained from 9-30 am to 8-30 pm in the Police Station continuously for eleven long hours is true and correct, the same would not render the exercise of power under Section 41-A of the Code by the Police arbitrary. At the most, any such conduct and attitude of the Police would amount to violation of the human rights assured to the petitioner. Any complaint of breach of human rights by the Police, first of all, should have been drawn to the attention of the Superior Police Officers, such as, the Assistant Commissioner of Police / Deputy Commissioner of Police / Superintendent of Police, etc. If there was no redressal at their hands, the matter can also be agitated before the State Human Rights Commission. But, that cannot be converted into a ground for quashing the Notice under Section 41A of the Code.
N. Purushotham Vs The Government Of Telangana Rep. on 10 September, 2014
Shades of Knife
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