Like our Facebook Page

Early Times Newspaper Jammu, Leading Newspaper Jammu
Breaking News :   Constitute Committees for 'Youth Engagement Programme': Div Com to DCs | Advisor Skandan chairs BoD meetings of JKHDC, JKI | Administration working tirelessly to address public grievances: Advisor Skandan | Northern Army Commander meets Governor | Licenses of 13 medical outlets suspended in Jammu | Karvan-e-Aman bus suspended; Families divided in 1947 continue to suffer | HM Shah moots idea of multipurpose card says 2021 census to be digital | Security forces on high alert along LoC as 500 militants waiting to sneak into Kashmir to create unrest: Sources | Communication breakdown only for terrorists and Pakistan handlers, not for Kashmiri people: Army Chief General Bipin Rawat | Major Terror Attack Foiled, 40 Kg Explosives Seized In Kathua | Internet facilitation centre launched in Pulwama for students | 3 Hizbul Mujahideen terrorists involved in BJP, RSS killings arrested: Jammu IGP | Pakistan steps-up shelling along LoC in J&K | Apple traders operate under terror threat, hope for restrictions to end | MHRD team visits Kashmir to discuss special package; skips Jammu! | Jammu based Cong leaders warn leadership against opposing scrapping of Art 370 | Shutdown costs Rs 100 crore to Kashmir economy daily | Jammu, Srinagar cities on alert ahead of PM's UNGA speech | Pak resorting to ceasefire violations leave 21 Indians dead in 9 months | Durbar Move tradition to continue in Union Territories of J&K | Had Central funds reached J-K, homes would have had gold: Amit Shah | Kashmir's apples get 'support', Jammu's Basmati growers left in lurch | J&K terror funding case: NIA all set to chargesheet Yasin Malik, 4 other top separatist leaders | No plans to revise fiscal deficit target at this time: Sitharaman | Nehru was wrong, Patel right in dealing with J&K issue: Prasad | Terror module busted in Punjab; four held with huge cache of arms | 47 lakh people got treatment in 1st year under Ayushman Bharat scheme | UDC demands implementation of SRO 317 | Round the clock helpline set up by student community | Article 370 in Parliamentary Debates: Abrogation was Long Overdue | Invisible Jammu in Re-organised J&K | Bank frauds to be dealt with effectively : SSP Patil | Azad meets people in Anantnag | Sports activity in the valley comes to a standstill | Incomplete Health Sub Centre building turns into cow shelter | Mega rally organized on 125th Birthday of Maharaja Hari Singh | BLSK presents 279th musical play on "Beti Bachao Beti Padhao" | Horticulture department conducts awareness camp at Sangaldan | Awareness programme for school children organized | Center's move a historical decision: Mehran Anjum Mir | Guru of Sahib Bandagi sect delivers religious sermons | Nat Manch, JKBS demand holiday on Maharaja Hari Singh's birthday | Chairman JKICS pays tributes to Maharaja Hari Singh | Bharat Vikas Parishad organizes Mahila Sammelan | JKESL holds general body meeting | Samoon visits Poonch, adjoining areas | 164 units of blood donated | Shrine Board organises Cyclothon from Domel to Katra | Medical camp organized | Natrang stages Pratap Sehgal's 'Ladai' | Hockey players urge government for accelerate installation of turf | Talent Hunt programme 'Choona-Hai-Aasman' held | Spring Dales organizes Kavi Gosthi | JK Wushu team bags medals in Junior National Competition | Incomplete Health Sub Center building turns into cow shelter | GST collection fall in J&K due to poor access to internet | Kashmiri Pandit diaspora endorses axing Article 370, meets Modi | Hundreds of commercial vehicles plying without permits on Mendhar road | Have hope in PM Modi: Kashmiri Pandits on PM meeting in US | Ladakhi Shondol dance makes it to Guinness book of records | PUF insulated shelters, better infrastructure for CRPF in Valley | Schools charge for shutdown period in Valley | JeM terror camp in Balakot, bombed by IAF, functional again under new name | J&K to witness development after Centre's Article 370 move: Anurag Thakur | Abrogation of Articles 370, 35A will open new vistas: BJP | ADCSA extends support to strike called by PDD employees | Undertrial dies at Jammu hospital after illness | Let's end log-jam, move forward: Brig Gupta | UP too hot for Kashmiri inmates, seek transfer to valley | Mobile, internet remain suspended; people with landlines open up homes for neighbours | 20 yr old Pakistani sneaks into India from Jammu, villagers hand him over to police | PDD employees question committee constituted for reorganization | More than 75 per cent of J&K population favours Article 370 abrogation, says Rajnath | DDC Budgam Warns strict action against timber smuggling, illegal earth excavation | Fulfill promise by filling 50,000 posts in J&K: Congress | Panchayat Khandwal pledges not to use plastic | Congress Sewa Dal criticizes establishment of toll plaza | PLS conducts fortnightly literary meet | Distt admin conducts sanitation drive, awareness camp at Sanasar | AEE aspirants of Kashmir region demand deferment of Preliminary Exam | Army organises 'Startup Weekend' in J&K | Banking with full communication lockdown: Travails, risks bankers face | Back Issues  
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.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
Early Times Android App
BSE Sensex
NSE Nifty
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
J&K Govt. Official website
Jammu Kashmir Tourism
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
Train Enquiry
Jammu Kashmir Bank
State Bank of India
Passport Department
Income Tax Department
IT Education
Web Site Design Services
Jammu University
Jammu University Results
Kashmir University
IGNOU Jammu Center