C.NO.2305/C-31/CID/2011
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Office of the
Director General of Police
A.P., Hyderabad.
Date: 23-04-2011.
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MEMO
Sub: - CID- Investigation of cases
registered under sections 498A-IPC and D.P. Act.1961 – certain instructions
regarding Arrest of accused-Issued.
Ref: - 1) Memo of CP Hyderabad vide No. L &
O/M6/1315/2002
2) Circular Memo No. 7/2007 of CP
Delhi dt. 23-03-2007
3) Letter. No. 122/SI-Ah/CCRB/2008-10
dt.10-12-2010 of CP Cyberabad.
4) Chief office Memo No.
4625/compts-1/2008 dt. 9-9-2008
of DGP A.P.
*****
It is observed that hasty action is
being taken by the IO’s investigating the complaints registered under 498-A IPC
& of DP Act 1961 in
arresting the innocent old parents in-laws, minor brother in-laws and minor
sister in-laws without collecting proper evidence against them under the
pretext to honour the provision of law which are nothing but amounting to abuse
of law without conducting investigation on proper lines. In this connection
there are certain concrete decisions given by Hon’ble Supreme Court of India as
well as Hon’ble Delhi High Court in the case of Jogender Kumar Vs state of U.P
in Crl. WP No. 9/1994 and in Crl. Misc Nos. 7107 & 7162 of 2006.
Base
on the above observations by the Hon’ble Supreme Court and Hon’ble Delhi High
Court, CP Hyderabad abd CP Delhi issued standing instructions to their
subordinate officers regarding arrest of accused in the cases registered under
498-A IPC and dowry related cases. The CP Hyderabad issued instructions stating
that I.O shall not arrest unless there is a need to arrest. In other words if
there is sufficient evidence against him or her and there is a need to arrest,
the I.O shall do so. But, mere complaint wherein the name is mentioned in FIR
should not be a only cause for arresting anyone. There is a need to obtain
written permission from the DCP supervising the investigation of the case by
sending a detailed report enclosing CD file and all relevant documents clearly
placing on record the evidence available against each one of the accused to the
concerned DCP who will properly examine the complicity of each accused and
accord written permission to effect the arrest of accused persons.
Commissioner
of Police, Delhi
opined that all allegations cannot be taken at their face value and need to be
scrutinized carefully. He further reiterated the (11) guidelines of Hon’ble
Supreme Court of India regarding arrest/detention pronounced in the case of DK
Basu vs State of West Bengal, shall be strictly complied with.
It is further observed that on
receipt of C.O.memo regarding effecting of arrest in such cases, CP Cyberabad,
SsP Srikakulam and Krishna have communicated
its contents to all their subordinate officers to follow the guidelines of
Hon’ble Supreme Court, Hon’ble Delhi High Court, CP Hyderabad, and CP Delhi in
Toto to avoid mis-carriage of justice.
Although
the instructions have been issued to be followed scrupulously, many of the I.Os
are hastily arresting the accused persons without conducting sound
investigation by taking the face value of the FIR and misusing the above
sections of law which is nothing but amounting to contempt of court and disobedience
of instructions of Superior Officers which amounts to dereliction of duty.
Therefore all the Unit Officers are
requested to convene a special meeting at Sub-Division level and percolate the
instructions and guidelines of Hon’ble Courts and also Superior Officer’s
instructions since those are quiet essential to be implemented in order to
avoid arrest of innocent victims and also enhance the image of police in
particular. When there is need to arrest, proper documentary evidence, physical
evidence and direct evidence shall be collected by the I.O. by following all
prescribed procedure of Cr.P.C. 1973 at all the places of alleged accused
persons, his associates, his relatives and his friends and arrive at a
conclusive proof with filtered/processed facts. Then, a detailed report shall
be sent to DCP/SP with all relevant documents and CD files for approval. DCP/SP
shall pay personal attention and give special thought to decide as to whether
arrest/detention is necessary or not. If arrest is so warranted, he should give
written sanction to the I.O. to proceed for affecting the arrest of all accused
persons responsible for the crime of physical / mental / dowry harassment by
minutely observing all established norms and guidelines issued un the case of
DK Basu vs. state of West Bengal regarding arrest/detention, including the
recent amendments issued to GPC in 2010. The guidelines of Hon’ble Supreme
Court of India, Circular memos of CP. Hyderabad, CP. Delhi and Chief Office,
AP, Hyderabad
are enclosed herewith.
The
soft copies of said enclosures meant to be circulated with in AP State are made
available in APPMS for ready reference and the same may be down loaded for
further action.
Receipt
of the memo may please be acknowledged.
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Encl.: (14)
sheets
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Sd/-dt.10-05-2011
Director General of Police
A.P., Hyderabad.
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To
All Unit Officers to report strict
compliance.
All Regional IsGP., IGP Guntur to
ensure compliance.
Copy to IGP, SCRB&WPC with a
request to communicate to the officers working in WPC-CID.
Copy to ADGP(L&O) for information.
Copy to the DGP., A.P., Hyd. For
information.
Copy to Addl. DGP HRPC, Orissa, Cuttack for favour of
information.
