Nirmala Kamad vs State Of Rajasthan And Others

Dinesh Mehta, J

By way of present petition, the petitioner has prayed that proceedings for punishing the respondent No.2 under the provisions of Contempt of Courts Act, 1971 be initiated against the Investigating Officer for not following the mandate of Section 41-A of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) and more particularly, the law laid down by Hon’ble the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273.

Mr. Mohnot, learned counsel for the petitioner argued that contemnor (respondent No.2) had apprehended the petitioner without serving a notice under Section 41-A of the Code and thus, he is liable for punishment for contempt of the judgment passed by Hon’ble the Supreme Court in the case of Arnesh Kumar (supra).

Learned counsel for the respondents, on the other hand, submitted that true it is, that notice under Section 41-A of the Code was not served, but the same was not required by virtue of the provisions contained in Section 41(1)(b) of the Code as the Investigating Officer deemed it expedient to make an immediate arrest. He submitted that a notice under Section 41(1)(b) of the Code was very much served upon petitioner.

Having heard learned counsel for the parties and upon perusal of the notice (Annexure.R-2), this Court is of the view that though not happily worded, but reasons necessitating immediate arrest have been recorded by the Investigating Officer in the notice issued under Section 41(1)(b) of the Code.

This Court, therefore, does not find any contempt to have been committed by the Investigating Officer in arresting the petitioner.

While disposing the present contempt petition, this Court hasten to add that though the reasons recorded in the notice under Section 41(1)(b) of the Code are cursory in nature and are not sufficient to justify arrest of a lady that too for the kind of accusation against the petitioner, but since the reasons being precursor of effecting arrest without notice under Section 41-A of the Code have been recorded, this Court does not find it to be a case of willful non-compliance of the judgment of hon’ble the Supreme Court rendered in the case of Arnesh Kumar (supra).

The contempt petition is, therefore, dismissed.