High Court Sets Aside Order U/S 82 Cr.P.C in Dowry Case, Emphasizes Supreme Court Guidelines on Arrest Procedures
In a significant ruling, the High Court of Jharkhand, presided over by Hon’ble Mr. Justice Sanjay Kumar Dwivedi, set aside an impugned order dated 20.10.2023 related to a case under Section 498A of the IPC (Indian Penal Code). The case, Vishwamitra Singh vs. The State of Jharkhand and Another (W.P.(Cr.) No. 958 of 2023), saw a detailed discussion on the guidelines for issuing processes under Section 82 of the Cr.PC (Criminal Procedure Code) and the protocols for anticipatory bail.
In his judgment, Justice Dwivedi underscored the importance of adhering to Supreme Court guidelines when considering arrest and coercive measures, especially in cases under Section 498A IPC. He stated, “This aspect of the matter if the case is arising out of section 498A IPC was earlier considered by the Hon’ble Supreme Court in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 723.”
The petitioner, Vishwamitra Singh, challenged the order that was issued under Section 82 Cr.PC in connection with Dhanbad Mahila P.S. Case No.30 of 2023. The court noted that the petitioner had already complied with notice under Section 41A Cr.PC and appeared before the investigating officer, which was a significant factor in the decision.
Justice Dwivedi also referenced the case of Satender Kumar Antil v. C.B.I (2022), reiterating the importance of judicial discretion in issuing processes under Section 82 Cr.PC. The court’s decision to set aside the impugned order and remit the case back to the lower court for fresh proceedings signifies a meticulous application of legal principles and Supreme Court directives.
Legal experts view this judgment as a reaffirmation of the principles laid down by the Supreme Court, emphasizing the need for balance between the powers of law enforcement and the rights of individuals, especially in cases involving family disputes under Section 498A IPC.
Date of Decision: 10.11.2023
Vishwamitra Singh VS The State of Jharkhand and Another
