I want to know whether my arrest was illegal or not in 498a case. Following is the detailed facts of events of my FIR in chronological order.
9th May, 2015 - FIR Lodged in Hisar, Haryana against me and my parents and brother
14th May, 2015 - Call from SHO to appear on 21st May, we said please send notice, they sent email with attached 160crpc notice containing IPC 498A, 323/34 only
18th May, 2015 - I called IO saying that as I am working in Hyderabad so tickets not available from HYD to HISAR, please give me date of 4th June so I can come to join the investigation. He said make reply the same to the sent email so replied on email the same and asked 4th June date
21st May, 2015 - IO emailed me to appear on 29th May, IO sent same crpc 160 notice then I replied the e-mail stating the same fact and assured him that tickets have been booked for 4th June
29th May, 2015 - No email/communication from IO
2nd June, 2015 -I appeared at Hisar PS. They arrested me
3rd June, 2015 - Appeared in-front of Magistrate, police asked 10 days remand for recovery as 406 added on 2nd June, Judge gave 3 days remand then one day JC
On 3rd June, SHO gave the following reason for arrest to Magistrate in written that Recovery to be done, can threat or distort evidence, not cooperating in investigation and working in HYD so can go abroad
This is the series of event, please let me know whether it was illegal arrest (Arnesh kumar judgement) or legal. If illegal then what should I do.
Asked in Criminal Law from Hyderabad, Telangana
The arrest now being made, there is no issue of legal or illegality in it. However, it appears to be done with some inner intention.
However, when you have already mentioned hat your tickets were booked for 4th June, what made you to rush in advance?Actually you should have arranged for AB even before you had replied him on 14th May itself. You remained glued to the misguidance of some person who had been supporting you in the beginning.
Well, since the the case will for trial first you get acquitted of the charges and then think of all such actions.
1. Arnesh Kumar is not applicable to your case as you were arrested on your appearance at the PS. You committed a blunder by appearing without taking anticipatory bail. When confronted with a legal dispute one should have a pragmatic and not theoretical approach. Your approach to appear without obtaining bail in advance was a far cry from the practical approach which ought to have been adopted. People scream Arnesh Kumar's judgment at the top of their lungs without understanding the judgment and also realizing that it is not the bible on the law of arrest.
2. Your arrest was legal when judged in the light of the reasons assigned by the SHO.
There is no illegality in arresting you. If you have got the bail in the meantime which appears so then contest the case on merit.
there is no illegality in this arrest, there is no restriction on police and there is direction for police to not to arrest but only the follow the procedure as per arnesh kumar judgement.
section 41A of Cr.P.C. give the discretion power to police to arrest or not arrest the accused hence as per judgment, the police is bound to submit a check list and also have to submit a report of reason by which the arrest is necessary.
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Advocate, New Delhi
1. When you informed that you will meet IO on 4th June, how and why did you meet him on 2nd June?
2. However, your arrest is totally illegal after the Supreme Court's direction upon the police not to make any arrest u/s498A without making a prior investigation,
3. File a Writ Petition before the High Court against the police for harassing you demanding compensation.
In your case the arrested has already done,no rethink for it is correct or not? You also do some mistakes.From your query it seems that you can only reach 4th june but even though you reach 2 days before convenient date. If you are afraid of arrest then why you did not taken an anticipatory bail.
You have remedy to file a complaint before police complaining authority against the said police officer. In Arnesh Kumar Vs. State of Bihar & Anr case supreme court says that ;Police officers must not arrest the accused unnecessarily,
Neither should arrest be made in a routine, casual and cavalier manner or on a mere allegation of commission of an offence made against a person. Arrest should only be made after reasonable satisfaction reached after due investigation as to the genuineness of the allegation. Dealing with Section 41 (1) of the Cr.P.C. which provides for conditions precedents for making arrest, the Supreme Court emphasized that for making arrest, the police must be satisfied that all the conditions set out in the provision are met viz.,:
Arrest is necessary:
to prevent such person from committing any further offence; or
for proper investigation of the case; or
to prevent destruction of tampering with evidence by the accused; or
to prevent such person from influencing the witnesses; or
to ensure presence of the accused in the court.
Check that above things are followed by the officer.