Mumbai: In a significant ruling, the Aurangabad bench of the Bombay High Court said that the police, before arresting a person, must give in writing the reasons for which it is arresting.
The HC further held that in case if the police does not wish to arrest someone, then too it must give written reasons for the same.
The ruling was pronounced by the bench of Justices Tanaji Nalawade and SM Gavhane while rejecting a plea filed by a man, who challenged the action of Aurangabad police, arresting him and his relatives.
According to the man, he had filed a case with the Aurngabad police department complaining about two female constables, who were his wife’s sisters.
The man accused the duo of purposely harassing him and pressurising him to pay maintenance to his wife. The man also accused his wife and her constable sisters of assaulting him and stealing over 100 grams of gold.
The complaint was probed and a report was submitted before a judicial magistrate apprising him of the fact that no case was made out.
Subsequently, the wife lodged a complaint against the husband accusing him of demanding dowry and harassing her. She claimed that the husband often demanded Rs 3 lakh, which her parents had given to her sisters during their marriage.
Having entertained the plaint, the police directly arrested the man and his family member under domestic violence act and other provisions of the Indian Penal Code.
Challenging his arrest, the man argued that the police illegally arrested them as it did not apprise him on which grounds he was being arrested.
To this, Justice Nalawade said, “When the police officer forms opinion that making such arrest is necessary he is expected to give reasons in writing and in a case where the police officer feels arrest is not necessary, in that case also, he is expected to record the reasons.”
“Thus, in every case, police oficer is expected to take a decision,” the bench held. As far as the other contentions of the man are concerned, particularly the allegations against his sisters-in-law, the court noted he had made vague accusations.
“The probable intention behind such complaints against the wife and her sisters was to pressurise them and probably he wanted to take divorce but he was not ready to give any amount for maintenance of the wife,” the court noted.
The bench, however, considered the material on record, with regards to the complaint lodged by the wife, which made out a prima facie case against the man.
“There was no illegality or irregularity in the action of police arresting the husband and his relatives on the basis of the FIR. In the result, the petition stands dismissed,” Justice Nalawade held.
