The investigating agencies and their officers are duty bound to record the reasons for arrest in writing- Allahabad High Court

Case No.: CRIMINAL MISC. WRIT PETITION No. – 7496 of 2023
Case Details: Smt. Rajkumari v State Of U.P. And 3 Others
Bench: Hon’ble Mahesh Chandra Tripathi,J. Hon’ble Prakash Padia,J.

Prayagraj, 07 July – In the light of the mandate of Section 41 and 41A of the CrPC and the directions issued by the Apex Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273, the Allahabad HC has recently observed that the investing agencies and their officers are duty-bound to comply with the mandate of the aforesaid provisions of CrPC and directions issued by the Apex Court.

The bench of Hon’ble Mahesh Chandra Tripathi,J. and Hon’ble Prakash Padia, J. have observed that a police officer is duty-bound to record reasons for the arrest in writing.

The Court further observed that the guidelines framed by this Court in Criminal Misc. Writ Petition No/ 17732 of 2020 (Vimal Kumar and 3 others v. State of UP and 3 others),where guidelines have been framed following the judgement of the Apex Court in diffrent cases, relating to offences providing punishment of seven years or less, are equally applicable to the facts of the instant case.

The Court observed further that the principle that bail is the rule and jail is the exception has been well recognised through the repetitive prouncements of the Apex Court, which is on the touch stone of Article 21 of the Constituion of India (ref. Nikesh Tarachand Shah v. Union of India, (2018) 11 SCC 1.). This provision mandates the police officer to record his reasons in writing while making the arrest.

The order is CRLP(A)_7496_2023 RajKumari v State of UP and 3 others