‘Raidurg Inspector unaware of criminal procedure code provisions and Supreme Court guidelines’
Observing that the Raidurg police of Cyberabad commissionerate failed to comply with the provisions of Criminal Procedure Code while arresting builder S. Sreedhar Rao, Justice Lalitha Kanneganti on Friday granted bail to the latter.
Sreedhar Rao of Sandhya Convention was arrested by the Raidurg police in Bengaluru two days ago and presented him before a local magistrate in Hyderabad. The magistrate remanded him in judicial custody for 14 days, after police presented details of a series of cases registered against him.
The judge told Public Prosecutor Pratap Reddy, appearing for the police, to sensitise police officers on the provisions of Cr.P.C. and the need to adhere to them. Senior counsel M.S. Prasad, appearing for Mr. Rao, said police acted in high-handed manner during the arrest of his client in Bengaluru.
Questioning the procedure adopted by Raidurg police in issuing notice under section 41-A of Cr.P.C., the lawyer said the remand report stated that his client rejected such notice issued by the police. Even in case of rejection of notice by a person facing charge, the police had to take permission of the magistrate concerned to arrest the accused, he said.
Responding to Mr. Prasad’s contentions, the PP argued that police had no option but to arrest Mr. Rao since he was facing 17 cases involving allegations of cheating civilians.
Seeking to know why the police failed to comply with the Cr.P.C. procedures in the arrest of Mr. Rao, the judge recorded that the conduct of Raidurg Inspector made it clear that he was unaware of the criminal procedure code provisions and Supreme Court guidelines on the matter.
The judge instructed the Inspector to file counter affidavit over his failure to comply with the procedures.
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