How to Take Action Against Police and Magistrate After Arrest in 498a Case

Have you got arrested and was kept in jail for few days? Has police tortured you a lot in jail or giving you threats that they will arrest you? If that is the case then you should Take Action Against Police and Magistrate After Arrest in 498a Case. Supreme court has already given instructions to state police department on steps of handling any case after FIR is filed. If you have got arrested under 498A after Jul 2, 2014 then you should take action against police and magistrate and you may do these things.

First of all we would tell you about the judgement of Supreme court in which they have said NO ARREST IN 498A,

(1) All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

(2) All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);

(3) The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

(4) The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

(5) The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

(6) Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

So this is the judgement which Supreme court has given in Arnesh Kumar case. If police department fails to comply then you may take action on police and magistrate. The point number 7 says as below,

(7) Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

(8) Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

So Police are supposed to comply with 1 to 6 point and if they are not able to then you  would need to go through 7 and 8 point.

If police is not able to do his job then you may do below things,

How to Take Action Against Police and Magistrate

The complaint against police will lie as both a departmental action started by senior police officers, and a contempt of court complaint in high court having jurisdiction over the police station.  One should start with departmental action at the least.

2.  The complaint against magistrate can be filed to the High court registrar/administrative department of high court having jurisdiction over magistrate’s court.

Real life example when Police did not follow the procedure.

How to Take Action Against Police and Magistrate

 

2 Comments

  1. Sandeep singh July 26, 2016
  2. krishan Mohan July 27, 2016

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