The Punjab and Haryana High Court in the case Daggar Malhotra v. State of Haryana and Ors observed wherein an apology has been tendered by the Haryana Police for arresting an accused without following Supreme Court’s direction on giving notice as stated under Section 41-A of the Code of Criminal Procedure, CrPC before arrest.
The court in the case observed and has issued the contempt notice to the SHO and Investigating officer who had arrested an accused person violating the Supreme Court directions issued in the case of Satender Kumar Antil vs. Central Bureau of Investigation and Anr.
The SLP stated that while considering the lapses on the part of investigating officer with respect to non-recording of reasons of arrest in writing through check list, departmental enquiry has been ordered to be initiated against the SHO and the Investigating Officer. Adding to it, it has been stated that in compliance of the directions issued by the Courts from time to time, the SP has already issued directions for compliance of mandatory provisions of 41 and 41-A of the Code of Criminal Procedure, CrPC to all the concerned IOs, and SHOs.
He in the case stated that more intensive training workshops of SHOs and IOs shall be organized regularly for the compliance of latest directions issued by Hon’ble Courts.
Further, it has been stated by the SP that the lapses as noted by the High Court were unintentional and he ‘tendered unconditional and unqualified apology’ for the same.
The counsel, Advocates Amitabh Tiwari, Abhimanyu Tiwari, Siddhant Saroha, Angad Pahel, Ishan Puri appeared for the petitioners.
The counsel, Krishan K. Chahal, Addl. A.G., Haryana with Viney Phogat, D.A.G., Haryana represented the state. The counsel, Avinit Avasthi, Advocate appeared for respondent No.2 and respondent No. 3 or complainant.