06-12-2001 -Criminal Procedure Code, 1973 (CrPC) – Section 156 – Arrest of accused – Permissibility – If the police, after preliminary investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed., discover some reliable evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 of the involvement of accused in the offence and if the police require his arrest for the purpose of investigation, it would be open to the police to place the facts and material before the Magistrate, who will consider whether arrest on those facts and material would be necessary for the purpose of investigation or not, and accordingly issue or refuse to issue warrant of arrest.
(2002) CriLJ 4292 : (2002) 1 DMC 736
ALLAHABAD HIGH COURTHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission.
SINGLE BENCH
( Before : Sushil Harkauli, J )
MASURIYADIN @ NATE AND OTHERS — Appellant
Vs.
ADDITIONAL SESSIONS JUDGE AND OTHERS — Respondent
Criminal Misc. Application No. 6193 of 2001
Decided on : 06-12-2001
Criminal Procedure Code, 1973 (CrPC) – Section 156(3), Section 482
Counsel for Appearing Parties
Hare Krishna Mishra, for the Appellant; A.G.A., for the Respondent
JUDGMENTJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022)
Sushil Harkauli, J.—This petition u/s 482, Cr.P.C. has been filed by the three accused challenging the order passed by a Magistrate directing investigation by police into an alleged offence of dowry death. I have heard the learned Counsel for the applicants and the learned Assistant Govt. Advocate.
THE FACTS :
2. An application u/s 156(3),. Cr.P.C. was moved by the opposite party No. 4 alleging that his daughter had been married to the applicant No. 1 three years ago. She was being harassed for dowry and suddenly on 4.1.2001 the father of the girl heard that the applicants had murdered the girl and thrown her on the railway line. On this application the learned Magistrate passed an order dated 25.4.2001 directing the police to register and investigate the case.
3. A revision filed by the applicants against the order of the Magistrate has been dismissed’ by the Additional Sessions Judge, Court No. 12, Allahabad by judgment dated 24.7.2001.
4. The applicants are relying upon a compromise entered into between the parties, a copy of which has been filed as Annexure 2 with the affidavitAffidavit An ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge., in which girl’s side has admitted that the husband’s side is innocent and not guilty and certain other terms were agreed between the parties.
5. It has been argued by the learned Counsel for the applicant that by way of after-thought this application u/s 156(3), Cr.P.C. was moved by the father of the girl.
A GENERAL PROBLEM :
6. Orders u/s 156(3), Cr.P.C. merely mean that an alleged cognizable offence should be investigated. It should not normally be open to the accused to say before the Revisional or the High Court that the allegation about a cognizable offence should not even be investigated. Thus interference by superior Courts with an order of a Magistrate u/s 156(3) should normally be confined to cases in which there are some very exceptional circumstances.
7. However, the major problem faced by the accused persons in such cases is the apprehension of arrest pending investigation by the police, and more importantly the apprehension about misuse by the police of this power of arrest, ft is this apprehension which is causing the accused to file revisions and thereafter applications u/s 482, Cr.P.C. or writ petitions. Much of this litigation in superior Courts can be curtailed if every Magistrate while passing an order u/s 156(3), Cr.P.C. also examines, having regard to the peculiar facts and circumstances of each case, the advisability of including in his order an incidental direction as to whether the power of arrest by the police for the purpose of that investigation should be controlled by saying that the police will not make arrest for the purpose of investigation without first obtaining a warrant for the arrest from the Magistrate.
8. The power to arrest without warrant in cognizable offences is no doubt conferred upon the police by Section 41, Cr.P.C. (Only Clause (a) of Sub-section (1) of that section is relevant for the present case). But that power has been subjected to the control and supervision of a Magistrate by virtue of Article 22(2) of the ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more and Section 167, Cr.P.C. It is also well settled that arrest is part of investigation . It may be kept in mind that this investigation is under directions of a Magistrate and is thus slightly different from the normal investigation of a cognizable offence. Wherever a power to do something is conferred, all powers ancillary and incidental to achieving that purpose are necessarily implied. Thus the Magistrate while exercising his power of directing investigation can issue further incidental directions with regard to the investigation as above.
9. In those cases where such a restriction is placed by the Magistrate, if the police, after preliminary investigation, discover some reliable evidence of the involvement of accused in the offence and if the police require his arrest for the purpose of investigation, it would be open to the police to place the facts and material before the Magistrate, who will consider whether arrest on those facts and material would be necessary for the purpose of investigation or not, and accordingly issue or refuse to issue warrant of arrest.
10. The Registrar General of this Court will get a copy of this order circulated to all the Judicial Magistrates of the State within two weeks.
ORDER
11. In view of what has been stated above, it is directed that for the investigation pursuant to the Magistrate’s order dated 25.4.2001 the police will not arrest the applicants without first obtaining the warrant of arrest from the Magistrate, if the arrest is considered necessary.
12. The complainant has an interest in the final outcome of investigation, but he does not have any vested interest in the arrest of the accused, therefore, it is not necessary to hear the complainant before passing this order. With the above directions, this application is disposed of.
