CiteTEXT
...order dated 06.09.2021, in compliance of the directions of the Supreme Court rendered in Arnesh Kumar v. State of Bihar 2014 (6) S.C.J...follow the direction of Supreme Court rendered in Arnesh Kumar (supra), therefore, the Investigating Officer is liable to be punished under the Contempt of Court Act to be instituted before the High Court...of the affidavit, we are, prima facie, convinced that the mandate contained in paragraph 14 sub para (7) and (8) passed in Arnesh Kumar v...
...cognizable and non-bailable cases in which the mandate of Sections 41, 41-A of CrPC and Arnesh Kumar v. State of Bihar and Anr., (2014...:
(i) In terms of directions contained in para 100.2, there is a contrary stand that conditions in relation to Sections 41 and 41-A of CrPC and Arnesh Kumar (Supra) have been complied with, yet...Arnesh Kumar (Supra) has not been followed and consequently to provide the details of necessary actions that have been taken against erring police officers. Also, in terms of direction contained in...
...in "Arnesh Kumar v. State of Bihar and another".
3. According to the request of the learned counsel for the...petitioners and without touching the merits of the case, I deem it appropriate to direct the police to follow the guidelines prescribed in Arnesh Kumar case. It is needless to mention that the Supreme Court...made it clear that violation of guidelines in Arnesh Kumar case amounts to Contempt of Court action. Therefore, the Investigating Agency is bound to adhere to the guidelines issued in Arnesh Kumar case...
..."Arnesh Kumar v. State of Bihar and another".
3. According to the request of the learned counsel for the petitioner and without touching the merits ...appropriate to direct the police to follow the guidelines prescribed in Arnesh Kumar case. It is needless to mention that the Supreme Court made it clear that violation of guidelines in Arnesh Kumar case...amounts to Contempt of Court action. Therefore, the Investigating Agency is bound to adhere to the guidelines issued in Arnesh Kumar case.
4. With the above directions, the petition is...
..."Arnesh Kumar v. State of Bihar and another".
3. According to the request of the learned counsel for the...petitioners and without touching the merits of the case, I deem it appropriate to direct the police to follow the guidelines prescribed in Arnesh Kumar case. It is needless to mention that the Supreme Court...made it clear that violation of guidelines in Arnesh Kumar case amounts to Contempt of Court action. Therefore, the Investigating Agency is bound to adhere to the guidelines issued in Arnesh Kumar case...
..."Arnesh Kumar v. State of Bihar and another".
3. According to the request of the learned counsel for the petitioner and without touching the...merits of the case, I deem it appropriate to direct the police to follow the guidelines prescribed in Arnesh Kumar case. It is needless to mention that the Supreme Court made it clear that violation of...guidelines in Arnesh Kumar case amounts to Contempt of Court action. Therefore, the Investigating Agency is bound to adhere to the guidelines issued in Arnesh Kumar case.
4. With...
...directed to
comply with the directions passed by Hon'ble Apex Court in the case of [Arnesh Kumar[Arnesh Kumar
vs. State of...the Case of Arnesh Kumar (supra)Arnesh Kumar (supra)..
6. With the aforesaid direction, the petition is disposed off.
VD
1 MCRC-47814-2024
NEUTRAL CITATION NO. 2024...
...petitioners at the very outset would submit that the case is covered by the judgment of the Hon'ble Supreme Court in the case of Arnesh Kumar v...he should follow the directions given by the Hon'ble Supreme Court in the case of Arnesh Kumar (supra).
4. In the case of Arnesh Kumar (supra), the Hon'ble Supreme Court issued...case of Arnesh Kumar (supra) provides as hereunder:—
“11.1. All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A IPC is...
...would submit that the case is fully covered by the judgment in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273...Kumar (supra) during the course of the investigation of the case.
5. In the case of Arnesh Kumar (supra), the Hon'ble Supreme Court issued various direction with regard to arrest and...remand of an accused. Specific mention is made to the offence punishable under Section 498-A IPC in the judgment. Particularly, para 11.1 of the judgment in the case of Arnesh Kumar (supra) provides as...
...commend itself to us. The High Court placed reliance on Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 to the effect that where the...rigorous imprisonment of ten years and fine. We are a bit perplexed as to how, despite addition of Section 364, IPC, the High Court took the view that Arnesh Kumar (supra) would aid the respondent in...528. In Prasanta Kumar Sarkar (S) v. Ashis Chatterjee & Anr. (S), (2010) 14 SCC 496, the relevant principles were restated thus...
...-Divisional Judicial Magistrate, Patna alleging the offence committed by the accused as well as Arnesh Kumar, her husband. The Magistrate vide order dated 11-10-2012 finding a prima facie case under...Section 498-A IPC and Section 4 of the Dowry Prohibition Act, 1961 summoned the accused as well as Arnesh Kumar, husband of the complainant. The accused as well as Arnesh Kumar filed an application for...as well as Arnesh Kumar filed an application dated 17-1-2013 praying for recall of non-bailable warrant and dispensing with their physical appearance in the case. It was the appellants' case that the...
....7. Learned counsel relied upon the decisions of this Court in Arnesh Kumar v. State of Bihar (2014) 8...such as 498A of IPC, and other cases. In Arnesh Kumar (supra), it was held that:“9. From a plain reading of the aforesaid provision, it is evident that a person..., cannot stand, and is hereby set aside. Before parting, the court would direct all the courts ceased of proceedings to strictly follow the law laid down in Arnesh Kumar (supra) and reiterate the directions...
...comply with
the directions passed by Hon'ble Apex Court in the case of [Arnesh Kumar vs. [Arnesh Kumar vs.
State of Bihar & another...the directions passed by Hon'ble Apex
Court in the Case of Arnesh Kumar (supra) and Satender Kumar Antil (supra)Arnesh Kumar (supra) and Satender Kumar Antil (supra)
in accordance with law.
...[(2014) 8 SCC 273] and Satender Kumar Antil Vs.State of Bihar & another [(2014) 8 SCC 273] and...
...follow the judgment of the Hon'ble Supreme Court, passed in ‘Arnesh Kumar v. State of Bihar’, (2014) 8 SCC 273, before proceed to arrest...follow the guidelines formulated by the Hon'ble Supreme Court in ‘Arnesh Kumar v. State of Bihar’, (2014) 8 ...Alok Kumar Verma, J.:— This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information...
...
complied with the directions issued by the Apex court in the case of Arnesh Kumar Vs.Arnesh Kumar Vs.
State of Bihar and...the
directions passed by the Apex Court in the case of Arnesh Kumar (supra).
Considering the aforesaid, the present application is disposed off with direction
to the...respondents to issue notice to the applicant as per the directions issued by the
Apex Court in the case of Arnesh Kumar (supra) and to proceed thereafter in
accordance with law.
Sourabh...
...directed to comply
with the directions passed by Hon'ble Apex Court in the case of [Arnesh Kumar vs. State of[Arnesh Kumar vs. State of
Bihar & another...
Court as well as police authorities shall strictly comply with the directions passed by Hon'ble
Apex Court in the Case of Arnesh Kumar (supra) Arnesh Kumar (supra) and Satender Kumar...SCC 273] and Satender Kumar Antil Vs. Central Bureau ofSatender Kumar Antil Vs. Central Bureau of
Investigation and another 2022 10 SCR 351Investigation and another...
...follow the
guidelines issued in the case of Arnesh Kumar Vs. State of Bihar and Anr...Kumar Arnesh Kumar
Vs. State of Bihar and Anr. AIR 2014 SC 2756Vs...
(BINOD KUMAR DWIVEDI)(BINOD KUMAR DWIVEDI)
JUDGEJUDGE
IN THE HIGH COURT OF MADHYA PRADESHIN THE HIGH COURT OF MADHYA PRADESH
AT INDOREAT INDORE...
...the Trial Court to comply with the directions passed by Hon'ble
Apex Court in the case of [Arnesh Kumar vs. State of Bihar...& another [(2014) 8 SCC 273][Arnesh Kumar vs. State of Bihar & another [(2014) 8 SCC 273]
and...Apex Court in the Case of Arnesh Kumar (supra) Arnesh Kumar (supra) and Satender Kumar Antil (supra).Satender Kumar Antil (supra).
5. With the aforesaid direction, the petition is disposed...
...Kumar vs. State of[Arnesh Kumar vs. State of
Bihar & another [(2014) 8...
Hon'ble Apex Court in the Case of Arnesh Kumar (supra) Arnesh Kumar (supra) and Satender Kumar Antil (supra).Satender Kumar Antil (supra).
5. With the aforesaid direction, the peti...withdrawal of the
application by submitting that the respondent and the trial Court may be directed to comply
with the directions passed by Hon'ble Apex Court in the case of [Arnesh...
...Hon'ble Apex Court in the case of [Arnesh Kumar vs. State of[Arnesh Kumar vs. State of
Bihar & another...directed to comply
with the directions passed by Hon'ble Apex Court in the Case of Arnesh Kumar (supra) Arnesh Kumar (supra) and
Satender Kumar Antil (supra).Satender Kumar Antil (...[(2014) 8 SCC 273]Bihar & another [(2014) 8 SCC 273] a...