Court pulls up Rana Pratap Nagar police for violating SC guidelines on arrest
Nagpur: A judicial magistrate first class (JMFC) on August 23 rejected police custody remand of Ashwin Ingale underlining violation of supreme court guidelines by Rana Pratap Nagar police in a case registered under Section 498-A of Indian Penal Code (IPC) filed by wife for alleged torture at in-laws place. No notice was also served to Ingale before arrest violating the guidelines laid down by the apex court.
The violation, now on record, may lead to departmental action against the investigating officer apart from a proceedings of contempt of court to be instituted by high court having territorial jurisdiction as per the order issued by the apex court. Apart from Section 498-A of IPC, Ingale was booked along with mother, maternal aunt, sisters and a woman friend under additional charges under Sections 323, 504, 506 and 406 of IPC following a complaint from his wife Rasika on July 23 at Rana Pratap Nagar police station for alleged torture at in-law’s place along with charges of assault, threatening and criminal breach of trust. A woman friend of Ingale was also made an accused as they were thought to be having an illicit relationship.
Ingale was arrested on August 22 from a kin’s place by cops from Rana Pratap Nagar police station. Sources claimed Ingale’s arrest was made under pressure from a top politician. He was produced before a JMFC court by the cops who pleaded for two days of custody till August 25. Police wanted to secure remand custody to recover ‘streedhan’ of the complainant that they had recorded as reason in the document of arrest.
The court, finding the cops’ motive for arrest unjustified, observed that there was no reason ‘concrete and meritorious enough so as to justify the arrest made by the investigation officer in this case’. The court further lambasted the police stating ‘the reasons mentioned by investigation officer are mostly vague, general and cryptic in nature’. The magistrate also observed ‘the investigation officer has not recorded satisfactory reasons in this case before arresting the accused, as has been directed by Hon’ble supreme court in authority of Arnesh Kumar (supra).’ In a similar manner, court also observed that police did not make any ‘serious effort’ to serve the accused notice before arresting him.
Ingale was sent to magisterial custody till August 31. Counsel Sameer Sonwane, representing Ingale, said he would soon file a petition against the police for irregularities