High courts cannot tell the investigative agencies when they should arrest the accused

GG News Bureau
New Delhi,18th June. The apex court in its order has cleared that it is beyond the jurisdiction of High courts to direct the police to take the accused into custody. The Supreme Court said that high Courts cannot ask as to when investigative agencies should arrest an accused, the Supreme Court said in an order, adding that it is entirely the call of the probe officers.
A Bench of Justices Hemant Gupta and V. Ramasubramanian said “It is for the investigative agency to whom the investigation has been entrusted to take a call as to when the petitioner is to be arrested,” the Supreme Court noted.
The court said this while hearing a petition filed by a man accused in a rape case. The Karnataka High Court quashed a trial court order of May 24, granting him anticipatory bail in the case.
The High Court transferred the case to the Corps of Detectives and ordered the outfit to submit a final report in the case within four months. However, the High Court also went on to direct the probe officer to take the accused into custody and produce him before the local magistrate.
. Whether an accused is liable to be arrested is based upon the decision of the investigating officer depending upon the material collected during the investigation, which may be conducted in a particular crime said the apex court.

Comments are closed, but trackbacks and pingbacks are open.