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Tag: CrPC 41B – Procedure of arrest and duties of officer making arrest

Dr. Rini Johar and Anr Vs State of MP and Ors on 03 Jun 2016

Posted on April 26, 2022 by ShadesOfKnife

A division bench of Supreme Court granted compensation to victims of police harassment, while quashing the criminal proceedings.

From Para 27,

27. In the case at hand, there has been violation of Article 21 and the petitioners were compelled to face humiliation. They have been treated with an attitude of insensibility. Not only there are violation of guidelines issued in the case of D.K. Basu (supra), there are also flagrant violation of mandate of law enshrined under Section 41 and Section 41-A of CrPC. The investigating officers in no circumstances can flout the law with brazen proclivity. In such a situation, the public law remedy which has been postulated in Nilawati Behra (supra), Sube Singh v. State of Haryana9, Hardeep Singh v. State of M.P.10, comes into play. The constitutional courts taking note of suffering and humiliation are entitled to grant compensation. That has been regarded as a redeeming feature. In the case at hand, taking into consideration the totality of facts and circumstances, we think it appropriate to grant a sum of Rs.5,00,000/- (rupees five lakhs only) towards compensation to each of the petitioners to be paid by the State of M.P. within three months hence. It will be open to the State to proceed against the erring officials, if so advised.

Dr. Rini Johar and Anr Vs State of MP and Ors on 03 Jun 2016

Citations : [2016 AIOL 3407], [2016 SCC ONLINE SC 594], [2016 SCC 11 703], [2017 SCC CRI 1 364], [2016 AIR SC 2679], [2016 AIC 163 98], [2016 CRI LJ 3156], [2016 GUJ LH 2 607], [2016 KLJ 3 613], [2016 KLT 3 502]

Other Sources :

https://indiankanoon.org/doc/103942103/

https://www.casemine.com/judgement/in/5790b545e561097e45a4e6b3

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 239 - Discharge Rejected CrPC 239 - Discharge Rejection is Set Aside CrPC 41 - When police may arrest without warrant CrPC 41B - Procedure of arrest and duties of officer making arrest CrPC 41D - Right of arrested person to meet an advocate of his choice during interrogation CrPC 46 - Arrest how made CrPC 482 – Criminal Proceeding Quashed Dr. Rini Johar and Anr Vs State of MP and Ors Grant Compensation For False Prosecution Landmark Case Reportable Judgement or Order | Leave a comment

CrPC 41B – Procedure of arrest and duties of officer making arrest

Posted on August 24, 2020 by ShadesOfKnife

Every police officer while making an arrest shall—
(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;
(b) prepare a memorandum of arrest which shall be—
(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 41B - Procedure of arrest and duties of officer making arrest | Leave a comment

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