(A) Arrest warrant—Code of Criminal Procedure, 1973—Sections 41, 41-A and 60—Scope and object of—When police may arrest without warrant—Determination of—Dictum of Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273, no concrete step has been taken with mandate of Section 41-A of the Code—No specific guidelines with respect to mandatory compliance of Section 41-A of the Code—Supreme Court deem it appropriate to direct all State Government and Union of Territories to facilitate standing orders while taking note of standing order issued by Delhi Police Officer—Supreme Court hope that Investigation Agencies would keep in mind law laid down in Arnesh Kumar (supra), discretion to be exercised on touch stone of presumption of innocence and safeguard provided under Sectio...
Constitution of India, 1950—Article 21, Article 22(1), Article 22(2), Article 226, Article 32—Criminal Procedure Code, 1973 (CrPC)—Section 476, Section 70, Section 71, Section 71(2), Section 78, Section 79—Penal Code, 1860 (IPC)—Section 324,—Appellant, a practicing advocate, challenged a non-bailable warrant issued against him, which had been subsequently canceled. The High Court, acknowledging the unjustified issuance of the warrant, directed the delinquent police officer to pay Rs. 2,000 as costs to the appellant. The Supreme Court upheld the High Court's decision, emphasizing the need for judicious issuance of non-bailable warrants. The court also addressed the conduct of the police officer, finding him responsible for unnecessary interference with the appellant's liberty. While rejecting fur...