COMPLAINT UNDER S.498 A OF I.P.C. - ARREST OF ACCUSED, UNNECESSARY.
In all cases where the arrest of a person is not required under Section 41(1), Cr.PC, the police officer is required to issue notice directing the accused to appear before him at a specified place and time. Law obliges such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless for reasons to be recorded, the police officer is of the opinion that the arrest is necessary.
Police officers should not arrest accused unnecessarily and Magistrate should not authorise detention casually and mechanically.
Arnesh Kumar vs State Of Bihar & Anr.
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