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Supreme Court of India 2021-09-15 allowed

M.A. Khaliq & Ors vs Ashok Kumar & Anr

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

A police officer detained a person at the station under the guise of 'counseling' without registering a crime or issuing proper notice. The High Court's single judge found him guilty of contempt and sentenced him to three months imprisonment. The Division Bench reversed this, holding that since no crime was registered, arrest procedures did not apply. The Supreme Court restored the conviction, holding that procedural safeguards against detention operate independently of crime registration. The detention violated court orders and basic principles of personal liberty. The sentence was reduced from three months to 15 days."

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Criminal Procedure Contempt of Court Arrest and Detention Police Powers Personal Liberty Writ Jurisdiction

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