Allahabad High Court advises police officers to avoid routine arrest

A balance between individual liberty and social order is necessary before taking action in petty crimes.

In an order, the Allahabad High Court has directed the police officers of the state to try to strike a balance between personal liberty and social order before taking action up to seven years in prison and in minor incidents. The court, citing the precedents of the Supreme Court, said that the police should not adopt routine methods of arrest in such cases. The court has given this order partially allowing the application of a traffic police constable posted in Noida.

Justice Dr. KJ Thakar while disposing of the application filed under Section 482 Cr.P.R of Constable Virendra Kumar Yadav has directed that no coercive action should be taken against the petitioner. Senior advocate Vijay Gautam of the petitioner said that the petitioner had VVIP duty in Noida. He did the right duty at his place of duty. Later it was found that he was put on duty at two places at the same time.

It was alleged on the petitioner that the head constable (complainant) was assaulted by the petitioner for imposing duty at two places. In connection with this incident, a case was registered against the petitioner in Police Station Sector 20 Noida in the year 2018 under sections 332, 323, 504 and 506 of IPC. The counsel submitted that there was no fault of the petitioner in this.

Police has filed charge sheet against the petitioner. which had been challenged earlier. But the court rejected it saying that the petitioner should file a discharge application in the court at an appropriate time and the court would pass a coercive order thereon. The petitioner had challenged the order of the lower court dismissing the discharge application by filing the petition again in the High Court. It was said that the petitioner was in government service and would suffer irreparable loss if he was arrested. It was said that all the sections against him are punishable with less than seven years.