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news details
Court directives to police in matrimonial disputes
9/12/2019 9:57:36 PM
Early Times Report
JAMMU, Sept 12: Additional Sessions Judges Jammu Tahir Khurshid Raina in a far reaching order, issued directions to police in matrimonial disputes.
Court while hearing a bail application observed that day in and day out this court is dealing with anticipatory bail applications, based on apprehension of arrest on account of lodging of complaints by wives against their husbands and their relatives for commission of offences under section 498-A RPC. The general concern is being shown that on mere lodging of such complaints, police immediately resorts to arrest of the alleged accused and thus results into lot of agony and bad name for the matrimonial family. And this action of the police even causes more damage to the matrimonial and sacramental relation of husband and wife and even spoils any left out scope of reconciliation between the estranged couple.
Court further observed that facts remains that the police officer of the case is under a legal duty to have a preliminary enquiry in the first instance when any such complaint is lodged and then after drawing a proper satisfaction to be recorded that arrest of the accused is inevitable in the facts and circumstances of the case, then only should exercise the power of arrest. He must understand the delicacy of the relation which is under imminent danger of being broken and can become source of many other conflicts between the couple and their respective families.
While dealing with complaints for alleged commission of offence of cruelty as defined u/sec 498-A RPC, Court said that police has been given a role of re-conciliator than of mere investigators and prosecutors in the case. It is in this context, the Supreme Court has shown its serious concern about the misuse of the this penal provision of the code and issued various directions in various cases with regard to fair investigation and avoiding arrest of the husband and his relatives on mere filing of the complaint.
Court further observed that an IO has to draw a satisfaction that such arrest is necessary to prevent such person from committing any further offence and is inevitable for proper investigation of the case or to prevent the accused from causing the evidence of the prosecution to disappear or from causing any inducement or threat to the witnesses. It is also enjoined upon the police officer to record such facts and reasons in writing which lead him to a conclusion to go for arrest of the accused. Equally it is legally incumbent upon him to put in writing for not arresting the accused as well. In pith and core the police officer before arrest must put a question to him by himself, why arrest? Is it really required? What purpose it will serve? What object it will achieve? It is only after these questions are addressed in the backdrop of the conditions enumerated briefly above, the power of arrest needs to be exercised and it is in context of these lofty mandates of the various decorated judgments of Supreme Court on the issue of arrest of an alleged accused, especially in context of matrimonial disputes, I hereby dispose of this anticipatory bail application with a direction to the SHO Women Cell Jammu to proceed in such matters accordingly.
Court further observed that at the same time applicants are directed to respond to the direction of the SHO Police Station Women Cell without fail with regard to any Enquiry /investigation of any complaint lodged against them before the said Officer.
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