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2005 (3) TMI 821 - SC - Indian Laws

Issues Involved:
1. Constitutionality of Section 151 of the Code of Criminal Procedure.
2. Validity of criminal proceedings initiated against the petitioner.

Issue-wise Detailed Analysis:

1. Constitutionality of Section 151 of the Code of Criminal Procedure:

The petitioner sought a declaration that Section 151 of the Code of Criminal Procedure (CrPC) is unconstitutional and ultra vires. The High Court of Gujarat rejected this plea, noting that the petition lacked specific factual assertions to support the claim of unconstitutionality. The High Court held that the powers under Section 151 CrPC are well-defined, with guidelines to prevent arbitrary or unreasonable use. Section 151 allows for detention only for a limited period of 24 hours, which does not violate any constitutional provisions. The Supreme Court affirmed this view, emphasizing that Section 151 provides clear conditions under which a police officer may arrest without a warrant: the officer must believe the person is about to commit a cognizable offense and that the arrest is necessary to prevent the offense. The Court concluded that Section 151 CrPC is neither arbitrary nor unreasonable, nor does it infringe upon fundamental rights under Articles 21 and 22 of the Constitution.

2. Validity of Criminal Proceedings Initiated Against the Petitioner:

The petitioner also sought to quash the criminal proceedings initiated against him, claiming they were mala fide and an abuse of the court process. The High Court, referencing the principles laid down in *State of Haryana v. Bhajan Lal*, found no grounds to quash the proceedings. The Supreme Court reviewed the facts: the petitioner was detained under Section 151 CrPC following complaints by respondents 5, 6, and 7, and subsequent FIRs were lodged alleging offenses under various sections of the Indian Penal Code. The Court noted that the police had followed due process, and the Magistrates had taken cognizance and issued processes in these cases. The Supreme Court agreed with the High Court's assessment that the proceedings were initiated based on complaints by private individuals and were not motivated by personal animosity from the police. The Court found no merit in the petitioner's appeal to quash the proceedings under Article 226 of the Constitution or Section 482 CrPC.

Conclusion:

The Supreme Court dismissed the appeal, upholding the High Court's judgment that Section 151 CrPC is constitutional and that there were no grounds to quash the criminal proceedings against the petitioner. The Court also reiterated the importance of adhering to procedural safeguards in cases of arrest and detention, as laid out in *Joginder Kumar v. State of U.P.* and *D.K. Basu v. State of West Bengal*.

 

 

 

 

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