Legal Reference Library

The issue that this article discusses is whether the registration of a First Information Report (FIR) against an accused needs to be followed by his/her imminent arrest. Nowadays, when an allegation of committing a cognizable offence comes up against a person - particularly a celebrity - there will be a public outcry for his/her arrest even though such an arrest is unwarranted in accordance with criminal jurisprudence or its practice. Unnecessary arrests and unjustified pre-trial detention pose grave threat to many citizens accused of committing cognizable criminal offences. The five-member constitutional bench of the Supreme Court in Lalithkumari case categorically stated that the arrest of a person is not directly linked to the registration of FIR. The verdict states both are entirely different concepts operating under different parameters and if a police officer misuses his power of arrest, he can be tried and punished under Section 166 of the Indian Penal Code. Therefor...

The Supreme Court in State of Telangana vs. Habib Abdullah Jeelani & Ors. has held that a high court, while refusing to exercise inherent powers under Section 482 of the Code of Criminal Procedure to interfere in an application for quashment of the investigation, cannot restrain the investigating agencies from arresting the accused during the course of investigation. Setting aside such a high court order, terming it “absolutely inconceivable and unthinkable”, the bench headed by Justice Dipak Misra observed that it has come to the notice of the court that high courts, while dismissing an application under Section 482 CrPC, issue directions that on surrendering before the trial judge/magistrate concerned, the accused shall be enlarged on on bail. Such directions do not come within the sweep of Article 226 of the Constitution of India nor Section 482 CrPC nor Section 438 CrPC and are not acceptable, the bench held. The high court in the instant case had directed the police not to...