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TMI Blog2018 (2) TMI 2078X X X X Extracts X X X X X X X X Extracts X X X X ..... ncy to the manner of police functioning. The prayer made in this writ petition stands satisfied. The petition is disposed of in terms thereof. - W.P. (C) 7608/2017 - - - Dated:- 7-2-2018 - Acting Chief Justice And C. Hari Shankar, J. For the Petitioner : Mr. Nikhil Borwankar, Mr. Pankaj Sharma, Mr. Roopenshu Pratap Singh, Mr. David Vijay Thomas, Mr. Vikram Singh Kushwaha and Mr. Kaushik Barua, Advs. For the Respondents : Mr. Sanjay Jain, ASG with Mr. Satyakam, ASC-GNCTD and Ms. Sneh Suman, Mr. Vidur Mohan and Mr. Sarfaraz Ahmad, Advs. JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE 1. This writ petition has been filed under Articles 226 and 227 of the Constitution of India by the petitioner who claims that he, alongwith his parents and relatives, has faced proceedings before the Crime Against Women Cell, Nanak Pura, New Delhi at the instance of his wife. It is complained that despite regularly attending all sessions fixed at this Cell and extending full cooperation, the proceedings culminated in registration of a FIR being FIR No. 313/16 by the Police Station Patel Nagar, New Delhi under Section 498A/406 of the Indian Penal Code. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -active stand and initiated queries under the Right to Information Act resulting in his obtaining copies of various circulars of the Delhi Police governing the working of Section 41 of the CrPC. In this regard, the petitioner has drawn our attention to above Circular No.8/2011 referred which is concerned with provisions of arrest as per the CrPC (Amendment) Act, 2008 (page 400) and the Circular no. 30A of 2014 dated 17th November, 2014 (page 404) which is concerned with Directions Relating to Arrest in Pending Investigation Cases. 8. Before examining the grievance made by the petitioner, it would be useful to set out the statutory provisions which relate to the requirement of appearance before police officer of any person, for expediency, we extract hereunder the provisions of Sections 41A, 91, 160 and 175 of CrPC : 41A. Notice of appearance before police officer. - (1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides. (2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub- section (1) at any place other than his residence. xxx xxx xxx 175. Power to summon persons. (1) A police officer proceeding under section 174, may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mber; 28th December, 2017 and 19th January, 2018. During these deliberations, it appears that Mr. Sanjay Jain, learned Additional Solicitor General of India had also entered appearance and the matter was closely examined. A final document captioned as Suggestions on Implementation of the Status Report of the Registrar General of the Court dated 3rd November, 2017 and 2nd December, 2017 was handed over on 19th January, 2018 which was taken on record. 15. We have heard Mr. Sanjay Jain, learned ASG and Mr. Satyakam, ASC, GNCTD on the aforesaid issues and the reports. Upon consideration of the report and the suggestions made by the parties under the leadership of the Worthy Registrar General and with their consent, it is directed that so far as working of Section 41A, the following procedure shall be strictly followed by the police in Delhi: Procedure for issuance of notices/order by police officers under Sections 41A (i) Police officers should be mandatorily required to issue notices under Section 41A CrPC (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeared on from .. to That the Noticee s presence has been recorded in the register to be maintained by the Police Station This acknowledgement is being issued in compliance with Section 41A CrPC. The documents produced by the noticee have duly been seized vide seizure memo/production memo (copy enclosed). The noticee undertakes to continue to comply with any further notices that she/he may receive during the course of the present investigation. [Signature of Accused] [Signature of IO] (ii) The concerned suspect / accused person will necessarily need to comply with the terms of the notice under section 41 A and attend at the requisite time and place. (iii) Should the accused be unable to attend at the time for any valid and justifiable reason, the accused should in writing immediately, intimate the investigating officer and seek an alternative time within a reasonable period, which should ideally not accede a period of four working days, from the date on which he / she were required t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the forms for the notices and acknowledgment shall be maintained. (x) Failure on the part of the IO to comply with the mandate of the provisions of the Cr.P.C and the above procedure shall render him liable to appropriate disciplinary proceedings under the applicable rules and regulations as well as contempt of Court in terms of the directions of the Hon ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273. (xi) Publicity should be undertaken and pamphlets educating the public at large, should be issued by the DCP of all Districts. (xii) The above information should be displayed at prominent places in Police stations, the subordinate courts and the High Court and made available to with the State and District Legal Services Authorities, to inform the public of their rights and recourses available to them. (xiii) Training programmes be specially formulated for Police Officers and Judicial Officers to sensitize them towards effective compliance of Section 41A, 91, 160 and 175 of the CrPC. 16. It is directed that the above procedure shall apply also to the working of Sections 91, 160 and 175 of the CrPC as well. The above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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