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Raj. HC issues contempt notices to police officials over non-compliance with SC directives

Raj. HC issues contempt notices to police officials over non-compliance with SC directives

In a significant legal development, the Rajasthan High Court issued contempt notices to various police officers, notably the Director General of Police (DGP) Umesh Mishra, police commissioner Biju George Joseph, ACS Home, and Jalupura Thana officer Antim Sharma. These notices stem from accusations of non-compliance with directives issued by the Supreme Court concerning the initiation of legal proceedings and arrests in commercial cases.

The contempt petition, filed by Sanjay Thakur, Harsha Thakur, and Ashok Thakur, highlights a recent incident involving the Jalupura police and recovery agent banks. The police registered a First Information Report (FIR) against Sanjay Thakur and others pertaining to a business transaction dating back approximately eight years. The petition alleges that the police arrested Sanjay Thakur without conducting a preliminary investigation and without serving a notice under Section 41 of the Criminal Procedure Code. Furthermore, it contends that neither Sanjay Thakur nor his family was informed about the arrest. Subsequently, the magistrate court also reportedly overlooked these procedural lapses and remanded him.

Advocate Dr. Abhinav Sharma, representing the petitioners, asserts that the actions of the police officers contravene Supreme Court directives. These directives, as referenced in cases such as Lalita Kumari, Arnesh Kumar, and Joginder Singh, emphasize that filing an FIR in aged commercial cases must follow a three-month preliminary investigation. Additionally, action under Section 41(a) of the CrPC should only be taken post-inquiry, preceding the arrest of the accused.

The Supreme Court has explicitly warned of disciplinary action against police officers failing to adhere to these directives. The contempt petition argues that an additional plea has been submitted before the Chief Justice also seeking action against the judicial officer responsible for remanding Sanjay Thakur erroneously.

The petition calls for the punishment of all accused officers for contempt, emphasizing that those in the police force should not be granted field postings.

The Rajasthan High Court, through a single-judge bench led by Justice Narendra Singh Dhaddha, has initiated contempt proceedings, compelling the implicated officers to respond to the allegations. 

Case: Sanjay Thakur and Ors vs. Umesh Kumar Mishra and ors,

S.B. CIVIL CONTEMPT PETITION No. 1084/2023. 

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