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Police can’t arrest unless non-bailable warrants issued in private complaints, rules Supreme Court

The Indian Express·Vineet Upadhyay·about 1 month ago
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A bench of Justices J B Pardiwala and Ujjal Bhuyan was hearing a special leave petition arising from a Jharkhand High Court order that had denied anticipatory bail to an accused in a land dispute case. “Police have no power to arrest the accused in a complaint case unless there is a non-bailable warrant issued by that Court along with the summons,” the to court said on April 23. J B Pardiwala and Ujjal Bhuyan of the Supreme Court said that this power must be exercised cautiously and only after recording reasons in writing. (Image enhanced using AI) Supreme Court: Police cannot arrest in complaint cases The Supreme Court said the very basis of seeking anticipatory bail in such cases was flawed. It emphasised that once a magistrate takes cognisance of a private complaint and issues summons, the accused is only required to appear before the court and participate in proceedings.…

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