Rishi Singh vs State

Mukta Gupta, J.—By this petition the Petitioner seeks anticipatory bail in case FIR. No. 111/2012 under Sections 498A/406/34 IPC registered at PS CAW Cell, Nank Pura, New Delhi. At the outset learned APP for the State submits that no approval for arrest of husband i.e. the Petitioner herein has either been sought from the competent authority nor granted. It is highly unfortunate that despite the fact that the application is pending since long it has not been pointed out that no approval for arrest has been granted, Even before the learned A.S.I., I.O. did not bring this fact to the notice and opposed the application tooth and nail. It is only today when the present application came up for hearing before this Court this fact has been pointed out. Even in the two status report filed, there is not a whisper that no approval for the arrest of the Petitioner has been granted till date.

Since no approval for arrest of the Petitioner has been granted till date, the present petition is premature. It is directed that in case the investigating officer gets the necessary approval to arrest the Petitioner and finds that it is necessary to arrest the Petitioner for carrying out investigation, he would give 7 working days notice to the Petitioner before the arrest.

Petition is disposed of. Order dasti.

DCP CAW Cell Nanakpura will file an affidavit as to whether the officers have been duly sensitized and informed about the Policy decision taken by the Police Headquarters regarding requirement of prior approval and informing the same to the Court at the outset by way of written status report or not. DCP CAW Cell Nanakpura will also conduct an enquiry into the lapses of the investigating officer and submit a report as to what disciplinary action has been taken against WASI Sumedha and the SHO concerned who have filed the status report and have not followed the Policy guidelines of the Department. List for compliance from DCP CAW Cell, Nanakpura on 5th March, 2014.