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No immediate arrests – Follow SC directions


S.B. Criminal Miscellaneous Bail No. 10762 / 2017

Vijay Kant Sharma S/o Shri Madan Gopal Sharma B/c Brahiman,R/o Tel Factory Ram Nagar Colony Baran Distt. Baran.—-Petitioner
State of Rajasthan Through P.P.—-Respondent

For Petitioner(s) : Mr. Rohan Jain
For Respondent(s) : Mr. N.S. Shekhawat, PP

Judgment / Order

1. It is contended by learned Public Prosecutor that the Police Authority are now bound to adhere to the judgment “Rajesh Sharma & Ors. vs. State of U.P. & Anr.” passed by the Apex Court in Criminal Appeal No.1265/2017 decided on 27.07.2017.

2. It is contended that in view of specific direction by the Apex Court in the above noted case, Police Officers cannot arrest an accused for offence under Section 498-A in absence of a report from Family Welfare Committee to be constituted by the District Legal Service Authorities.

3. I have considered the contentions.

4. From perusal of the judgment passed by the Apex Court in “Rajesh Sharma & Ors. vs. State of U.P. & Anr.” (supra), it is evident that the copy of this judgment has been forwarded to the National Legal Services Authority, Director General of Police of all the States, Registrars of all the High Courts for appropriate action.

5. As per the direction given in the judgment, the District Legal Services Authorities is required to constitute a Family Welfare Committee and every complaint under Section 498-A is required to be referred by such committee. The judgment further provides that till report of the committee is received, no arrest should normally be effected.

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6. In view of the specific direction of the Apex Court, no arrest in a case under Section 498-A can be effected unless a report is received from the committee.

7. Registrar General should ensure that the Family Welfare Committees are constituted by the District Legal Services Authorities in pursuance of the direction given by the Apex Court so that complaint filed under Section 498-A can be referred to such committee.

8. Copy of the order passed by the Apex Court should be forwarded to the District Legal Services Authorities for constituting the committee and for compliance of the orders of the Apex Court.

9. Copy of this order be also provided to the learned Public Prosecutor for circulation to the DG Police and ADG Crimes who should ensure strict compliance of the orders of the Apex Court in “Rajesh Sharma & Ors. vs. State of U.P. & Anr.” (supra).

10. Taking note of the fact that the arrest cannot be effected without obtaining the report of the committee there remains no apprehension of being arrested, hence, the bail application is disposed.


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