Indore (Madhya Pradesh): A local court, on Thursday, questioned the police for having arrested two accused who were booked under sections 420, 406, 294 and 506 IPC in a fraud case with a company. It was pointed out by defence counsel in court that the police had not followed the checklist before making the arrest.
Advocate Sachin Kumar Verma said that, in the fraud case, Ramdas Thakre and Hukum Thakre were the accused. The police arrested them on February 22 and demanded their police remand in court on February 23 for three days. The court, following a plea under Cr.PC 167 (1), submitted by defence, gave instructions to the police that the accused would be kept in police custody till Thursday (February 24).
Advocate Verma, in the court on Thursday, gave references to the judgments of the Supreme Court in similar cases. The court was satisfied with the plea and considered the given references.
“In the case, the accused were not of any criminal background; neither was there any other case registered against them. Also, they haven’t done anything which is against the law. They were arrested without following the checklist and due procedure,” said Verma.
In its judgment, the court gave directions to the police, saying they are directed to format and prepare a checklist of preconditions fulfilled by them under Section 41(1)(b)(ii) of the Cr.PC while arresting an accused for offences bearing a maximum punishment of up to 7 years. It is mandatory to supply a copy of the checklist along with the remand application to the magistrate authorised to further remand the accused in police or judicial custody.”
Advocate Verma said that the court also ordered that the arrested accused be released and the police must follow the instructions of the court and submit the documents called for by March 3. The court ordered, “If the police do not perform as required of them as hereinabove (given orders), it would constitute contempt of the order passed by this court in addition to such other action which may be taken against the erring officer on the administrative side.”
