Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Police Order, 2002

Section: 22.3,22.4

(a) Criminal Procedure Code (V of 1898)--- ----S. 491---Police Rules, 1934, Rr. 22.3 22.4---Habeas corpus petition---Police Officer to maintain manual register---Scope---Bailiff, on direction of court, produced detenus before court and in his report, he submitted that arrest of detenus was shown in roznamcha front desk but no manual roznamcha was available with the police---Station House Officer appeared in the court along with three detenus and stated that they were arrested in two criminal cases and their arrest was also incorporated in the computerised Daily Diary---Record showed that none of the detenus was nominated as accused in either of the two cases---Station House Officer stated that detenus were implicated in the case through the supplementary statements made by the complainants of both the cases---Complainant in his supplementary statement recorded in one case, nominated one detenu and that too solely on the basis of suspicion---Complainant in supplementary statement mentioned names of all the three detenus but in a general manner, without even raising a suspicion about their involvement in the occurrence---Supplementary statements, which were solely made basis for the arrest of detenus, upon scrutiny of record were found to be dubious and prepared for knitting a defence so as to frustrate the present petition---Record showed that no warrant of arrest were obtained, which was essentially required keeping in view the afflux of time between supplementary statement and the date of arrest of detenus---Initially a naive effort was made to defend said supplementary statements but when the SHO was apprised that their genuineness could be ascertained by summoning Register No. V and the absence therein of corresponding entry of the relevant case diaries would entail serious consequences, he retreated from his stance and resorted to silence---Record showed that despite repeated asking of bailiff, the police files of both the cases were not placed before him---Detenus informed the bailiff that they were being unlawfully confined within the precincts of police station for the last four days and that too without getting any court order---No entry about the…

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