Delhi Court: Police Officer Must Explain Why Departmental Action Shouldn’t Be Taken for Violating ‘Satendar Antil’ Ruling on Arrests.

The Delhi High Court has asked a police officer to explain why departmental action shouldn’t be taken against him for not issuing a notice under Section 41A of the CrPC before arresting two accused, which goes against the Supreme Court’s Satendar Antil ruling. Duty Magistrate Divya Lila noted a “clear violation” of the requirement to issue a notice for offenses with punishments of less than seven years.

The FIR against Parvez Alam and Javed Alam included charges related to house trespass and criminal intimidation. The accused argued that their arrest was improper since the relevant laws allow for notices to be issued first.

During the bail hearing, the complainant argued against their release, citing past attempts to harm him. However, the court pointed out that the investigating officer (IO) did not issue the required notice and failed to provide reasons for the arrests.

 

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