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Adhere strictly to Apex Court's guidelines in dowry, cruelty cases; HC to DGP | | | Early Times Report
Jammu, Aug 31: In a petition seeking quashment of FIR in 498-A CrPC, Justice Tashi Rabstan directed Director General of Police of J&K to forthwith circulate a copy of the guidelines issued by the Supreme Court in Arnesh Kumar to the Station House Officers of all the Police Stations of the State, with a direction to all the SHOs to strictly follow the guidelines issued by the Supreme Court in registration of cases under Section 498-A RPC. According to the Guidelines issued by the Supreme Court of India that to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorize detention casually and mechanically. This significant direction has been passed in a petition filed by Kishor Kumar Sarpanch Panchayat Halqa Maralian and two others in which they said that there was a matrimonial dispute between private and her husband. However, respondent No.3 lodged FIR No.44 of 2015 dated 04.08.2015 at Police Station Women Cell, Gandhi Nagar, Jammu, against the petitioners herein and her husband for the commission of offence punishable under Sections 498-A/109 RPC. Justice Tashi Rabstan after gone through the petition issued notice to respondents and directed that till next date of hearing petitioners will not be arrested and observed that since the guidelines issued by the Supreme Court in Arnesh Kumar have vital significance in registration of cases by the police agency under Section 498-A RPC and asked the Director General of Police, Jammu & Kashmir State to circulate a copy of this judgment to the Station House Officers of all the Police Stations of the State with a direction to all the SHOs to strictly follow the guidelines issued by the Supreme Court in registration of cases under Section 498-A RPC. Justice Tashi further observed that it is made clear that any deviation from the same on the part of SHOs would be viewed seriously. (JNF) |
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