Arrest Possible Only When Court Issues Non-Bailable Warrant: Supreme Court
Major news comes from New Delhi. The Supreme Court has expressed strong displeasure over the misuse of judicial processes in the states of Jharkhand and Bihar.
The apex court has categorically stated that in a complaint case, the mere issuance of a summons does not make the arrest of an accused person possible. An arrest can only take place if the court issues a non-bailable warrant alongside the summons.
This observation was made by a bench comprising Justice J.P. Pardiwala and Justice Ujjal Bhuyan while hearing a matter concerning an order passed by the Jharkhand High Court.
The High Court had rejected the accused's anticipatory bail plea and directed him to surrender before the trial court. Taking strong exception to this, the Supreme Court termed it a misinterpretation of the law.
The Court further clarified that while a Sessions Court or a High Court may reject an anticipatory bail plea, issuing a directive for the accused to surrender falls outside their jurisdiction.
Citing Section 202 of the CrPC (Code of Criminal Procedure), the Court noted that under this provision, an arrest cannot be effected even during the course of an inquiry.
Deeming this a serious procedural error, the Supreme Court has directed that a copy of its order be forwarded to the High Courts of Bihar and Jharkhand.
This case stems from a petition filed by Om Prakash Chhavanika, in which he challenged the High Court's order directing him to surrender.
