Ramawatar Sonwani vs Praveen Kumar Dwivedi
2022 Latest Caselaw 3196 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR

                                    Order Sheet

                              CONT No. 498 of 2022

  • Ramawatar Sonwani S/o Late Budana Sonwani, aged about 65 Years, R/o
    Village Patgawan, Police Station Pendra, District : Gaurela-Pendra-Marwahi,
    Chhattisgarh.

                                                                     ---- Petitioner

                                       Versus

  • Praveen Kumar Dwivedi S/o Shri Kalyan Prasad Dwivedi, Ex- T.I. Police Station
    House, Pendra, Police Line Pendra, District : Gaurela-Pendra-Marwahi,
    Chhattisgarh.

                                                                   ---- Respondent

02.05.2022 Mr. Ashok Soni, counsel for the Petitioner.

Heard on admission.

Mr. Ashok Soni, counsel for the petitioner would submit that

the petitioner has been charged for the offence punishable under

Sections 294, 186, 332, 353, 342 & 323 of the Indian Penal Code

and the offences are punishable for imprisonment less than 7

years, and is in violation of the imperative directions issued by

the Hon'ble Supreme Court in the matter of Arnesh Kumar Vs.

State of Bihar & Another (2014) 8 SCC 273. The petitioner

has been arrested on 07.12.2021 by respondent herein, as such,

respondent is liable to be proceeded for contempt of Court as per

judgment of Hon'ble Supreme Court in the matter of Arnesh

(Supra).

We have heard learned counsel for the petitioner.

The Hon'ble Supreme Court in the matter of Arnesh

(Supra), in para 12, held that the direction contained in also apply

to the offences which are 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. In that view of the

matter, we consider it to be a fit case to issue notice of contempt

for not complying the imperative directions contained in para

11.1 to 11.8 issued by Hon'ble Supreme Court in the matter of

Arnesh (Supra), which are as under:-

"11.1. All the state Governments to instruct its police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 Cr.P.C.;

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

(ii);

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

11.4 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;

11.5 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;

11.6 Notice of appearance in terms of Section 41-A Cr.P.C. 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;

11.7 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 the High Court having territorial jurisdiction.

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

Accordingly, issue notice to the respondent as to why the

contempt proceeding be not initiated against him for not

complying the direction of Hon'ble Supreme Court.

Matter be listed for consideration on 14th June 2022.

                 Sd/-                                    Sd/-
       (Sanjay K. Agrawal)                         (Rajani Dubey)
             Judge                                       Judge




V/-