cpc

arrest after two weeks of fir by officer below sp


In Arnesh Kumar Vs State of Bihar ( CRIMINAL APPEAL NO. 1277  OF 2014) Honble supreme court gave following directions for cases where  offence  is punishable with imprisonment for a term which may be less than  seven  years

or which may extend to seven years; whether with or without fine, flowing from Section 41, Cr.PC :

 

  1. All police officers be provided with a check list containing specified  sub-clauses under Section 41(1)(b)(ii);

 

  1. The police officer shall forward the check list duly filed and  furnish  the reasons   and   materials   which    necessitated    the    arrest,    while forwarding/producing  the  accused  before  the   Magistrate   for   further detention;

 

  1. The Magistrate while authorising detention of the accused shall  peruse  the report furnished by the police officer in terms  aforesaid  and  only  after recording its satisfaction, the Magistrate will authorise detention;

 

4.The decision not to arrest  an  accused,  be  forwarded  to  the  Magistrate within two weeks from the date of the institution of the case  with  a  copy to the Magistrate which may be extended by the Superintendent of  police  of the district for the reasons to be recorded in writing;

 

  1. Notice of appearance in terms of Section 41A  of  Cr.PC  be  served  on  the accused within two weeks from the date of institution  of  the  case,  which may be extended by the Superintendent of Police  of  the  District  for  the reasons to be recorded in writing;

 

  1. Failure to comply with the directions aforesaid shall apart  from  rendering the police officers concerned liable for  departmental  action,  they  shall also be liable to be punished for contempt of court to be instituted  before High Court having territorial jurisdiction.

 

  1. Authorising  detention  without  recording  reasons  as  aforesaid  by   the judicial Magistrate concerned shall be liable  for  departmental  action  by the appropriate High Court.

 

 

On  the basis of above direct ions DGP, Maharashtra issues a circular dated 08.-07.2014.

 

Now can police officer below rank of DCP/SP authorize arrest after six months in  case where punishment is two years  and six months( I.e. more than two weeks in 4 above have passed) or

IO/In charge of police station they will have to obtain permission of DCP/SP if arrest is to be made after two weeks. Notice under Sl. 5 above was issued more than six months ago and statements were collected. 



Attached File : 55988 20151009213240 977066842 supreme court on bail 304a.pdf downloaded 33 times
 
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Management Consultant & Social Reformer

Your question is not clear.

Once FIR is registred investigation follows to establish prima facie crime and then arrest can be effected if there is recvery of weapon documents required, body to be recovered, accessories in murder to betarced etc or csimplyto prevent tempring with evidence

Polcie can arrest at any time till FIR is open.IN many aces arrestsaredone after a long time

 

Please make your quesiton clear

 
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Please see point No 4 of supreme court judgment cirted above. The decision to arrest or not to till two weeks is with IO.

Thereafter areest can be done but since two weeks are over approval of SP of police is required. 

Particularly if issued notice was complied and new section 41 takes over



Attached File : 55988 20151009235319 977097054 dgp circu reg arrest 2014.pdf downloaded 45 times
 
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LEGAL CONSULTANT

I sail with the suggestions of Dr Gupta

 
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4.The decision not to arrest  an  accused,  be  forwarded  to  the  Magistrate within two weeks from the date of the institution of the case  with  a  copy to the Magistrate which may be extended by the Superintendent of  police  of the district for the reasons to be recorded in writing;
 
Here what happens after say six months if 1. FIR not sent to court.2. No arrest. 3. No recording of grounds of arresting and sending to magistrate.
Does IO lose power to arrest subsequently without approval of SP.
 
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