Police not arresting the accused in an offence registered u/s 307 of i.p.c.
(Querist) 18 August 2012
This query is : Resolved
The main accused along with other co-accused were booked u/s 307 of I.P.C.
The co-accused were arrested, the main accused, who is a politician, was not arrested.
The State Government had withdrawn investigation from the local police station and had handed over to the State C.I.D.
The main accused was twice refused the anticipatory bail by High Court and his regular bail application was also rejected. In spite of which, the police not arresting him and the accused is freely moving in the society.
Police Station refusing to arrest him by forwarding an excuse of the matter now being handled by the State C.I.D., while the State C.I.D. not arresting him with an excuse of necessity of taking necessary permissions from higher-ups (God only knows what necessary permissions.
Recently, the main accused again attacked the same person, for which, one more FIR was registered against him, in spite of which,he is roaming free.
In spite of the mandate of law as per Sec.41(1)(c) of Cr.P.C. and Section 221 of I.P.C. being self-explanatory, still, the High Court is asking to produce some Supreme Court Judgment directing that it is binding upon the investigating agency to arrest and detain such main accused in police custody..
Is there any such judgment? If yes, please mail me the citations on email@example.com.
(Expert) 18 August 2012
The de facto complainant can ask for intervention of the court for proper investigation but it can force for order of direction upon the Police to arrest the culprit. Arresting the culprit is on the discretion of the Police depending upon the seriousness of the crime. The de facto complainant for direction of arrest will have to satisfy the court about the danger posed by the accused person while being on run like chances of threatening the witnesses or tampering with the vital evidences etc.
Raj Kumar Makkad
(Expert) 14 November 2012
I do agree with Barman as the relevant aspects of the query have already been resolved.