https://www.taxtmi.com/css/info/rss_sitemap/rss_feed.css?v=1746094055 https://www.taxtmi.com Business/Tax/Law/GST/India/Taxation/Policies/Legal/Corporate Tax/Personal Tax/Vat Law/Legal Information/Tax Information/Legal Services/Tax Services Tax Management India. Com / MS Knowledge Processing Pvt. Ltd. All rights reserved. One stop solution for Direct Taxes and Indirect Taxes https://www.taxtmi.com/caselaws?id=763649 https://www.taxtmi.com/caselaws?id=763649 Seeking declaration of the arrest of the petitioner as illegal, arbitrary and void - serious accusations of mental, physical, and sexual abuse against the petitioner and his parents, implicating them in acts of coercion and complicity - whether the grounds for the petitioner s arrest were duly communicated in compliance with Section 50 of the Cr.P.C. and the Supreme Court s judgment in Pravir Purkayastha [ 2024 (5) TMI 1104 - SUPREME COURT] ? HELD THAT:- The Courts have time and again deprecated the practice of filling up columns in proforma indicating the formal reasons for which the accused was being arrested. It is also pertinent to note that Section 50 Cr. P.C. uses the word forthwith. which implies that grounds for such arrest have to be communicated at the time of the arrest. This requirement is designed to ensure that the arrested individual is promptly made aware of the reasons for their detention, thereby safeguarding their legal rights. Bare perusal of the judgments of Joginder Kumar [ 1994 (4) TMI 385 - SUPREME COURT] and Siddharth [ 2021 (8) TMI 977 - SUPREME COURT] makes it clear that the Indian Supreme Court has always been very sensitive and conscious about the individual s rights. The jurisprudence which is being evolved is that the police may not arrest a person only because it s permissible, the arrest should be justified also and must have grounds of arrest communicated forthwith. It is a settled proposition that the absence of specific grounds of arrest violates statutory and constitutional rights under Section 50 of Cr.P.C. and Article 22(1) of the Constitution. Any person has a fundamental and a statutory right to be informed about the grounds of arrest in writing and a copy of such written grounds of arrest have to be furnished to the arrested person as a matter of course and without exception at the earliest. The purpose of informing to the arrested person the grounds of arrest is salutary and sacrosanct inasmuch as this information would be the only effective means for the arrested person to consult his advocate; oppose the police custody remand and to seek bail. It is no longer res integra that grounds of arrest must be communicated in writing to the arrested individual expeditiously. Providing the grounds of arrest to the person being arrested is of utmost sanctity and significance. This information serves as the fundamental basis for the arrested individual to seek legal advice, challenge the remand, and apply for bail - In the context of present case, it is pertinent to mention that Section 50 Cr. P.C. uses the word forthwith . The dictionary meaning of the word forthwith as defined in the Shorter Oxford English dictionary on historical principles, fifth edition, volume - 01 A-M is (1) Along with, at the same time; and (2) Immediately, at one, without delay. The court makes it clear that the present order been passed for release of the petitioner on the technical non-compliance of Section 50 Cr.P.C. This court has not gone into merits of the case. The prosecution/victim shall all the necessary liberties to proceed with the investigation and take all the steps for smooth investigation of the case in accordance with law. This court has examined facts of this case only in perspective of Section 50 Cr.P.C., which is akin to Section 47 of BNSS, 2024. The present petition along with pending applications stands disposed of. Case-Laws Indian Laws Mon, 18 Nov 2024 00:00:00 +0530