Delhi court rejects Gujarat police plea for man`s arrest sans NBW

Last Updated: Wednesday, October 27, 2010 - 21:53

New Delhi: A Delhi court today rejected the
Gujarat police plea rpt plea for seeking the custody of a man
wanted in a criminal case there without a non-bailable
warrant.

Chief Metropolitan Magistrate Vinod Yadav rejected an
application filed by Ahmedabad police to seek the custody of
Satpal Fauji alias Ajay Chauhan, who was arrested by Delhi
police on October 24, and ordered his release.

"The custody of the accused cannot be given to Inspector
because he has not been able to show issuance of any
non-bailable warrant against. It appears that this Inspector
has devised the arrest of the accused under Section 102 CrPC
so that he could seek custody of the accused from this court.
This practice is strongly deprecated," the court said.

The Inspector of Crime Branch, Ahmedabad police, sought
permission from the court to arrest Fauji, claiming that he
has been named by other accused as one who was involved in
several cases of robbery in Delhi, Maharashtra, Gujarat and
Rajasthan.

The police officer filed a plea with the statements of
co-accused transcripted in Gujarati language.

"No document has been placed on record by the Inspector
that the accused was named in any FIR, being investigated by
Crime Branch, Ahmedabad City. The accused is sought to be
arrested from this court on the basis of some disclosure
statement of some accused in some case," the court said.

It ordered the release of the man who was arrested by
Delhi Police under Section 41.1 of the Criminal Procedure Code
which allows a police officer to arrest someone against whom a
reasonable complaint has been made or a reasonable suspicion
exists.

-PTI



First Published: Wednesday, October 27, 2010 - 21:53

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