HC sends notice to SO,CO for violating order

Taking note of an alleged case of violation of its earlier order,the Allahabad High Court has directed the station officer and a circle officer posted in Pratapgarh district to be present before it on January 24 and explain their conduct.

Taking note of an alleged case of violation of its earlier order,the Allahabad High Court has directed the station officer and a circle officer posted in Pratapgarh district to be present before it on January 24 and explain their conduct. The court has also issued a show cause notice asking why action should not be taken against them for violating court orders.

The matter pertains to arresting a person accused in an offence where the maximum punishment was less than seven years. The Division Bench,comprising Justices Amar Saran and Ramesh Sinha,also expressed its displeasure over the judicial magistrate not paying heed to the same order and remanding the accused to judicial custody,instead of granting him interim bail.

On October 11,the same bench had passed a detailed order citing amendments in the Criminal Procedure Code under which persons accused of offences not attracting more than seven years of punishment should not be arrested without a thorough inquiry and evidence on record establishing prima facie the guilt of the accused person. The bench had also directed the Director General of the Police to distribute the copy of the order to all the police stations for compliance.

However,the SO of Maheshganj police station and the CO of Pratapgarh (Sadar) arrested Gaya Prasad Pandey on charges under various sections of the Indian Penal Code pertaining to voluntarily causing hurt and criminal intimidation. He was also booked under Section 3 (1) (X) of the SC/ST Act,which attracts a maximum of five years punishment.

Pandey,in his petition before the court,prayed that the two officers concerned had been requested not to arrest him on these grounds,but the duo went ahead and arrested him. The accused was subsequently remanded to judicial custody.

Stay updated with the latest - Click here to follow us on Instagram

Loading Taboola...