CW-2022-0017Shahjahanpur, Uttar PradeshJudgment 18 August 2022

In Re v. [name withheld]

Investigating Officer, In-charge of Kanth Police Station (Shahjahanpur), served a Section 41-A CrPC notice in a case under Sections 353/504/506 IPC but wilfully recorded in the general diary that the accused declined its terms, arresting him in deliberate circumvention of the Arnesh Kumar mandate; the Magistrate refused remand and made a contempt reference. The Division Bench rejected his qualified apology and held him guilty of contempt for imposing himself over and above the law. He was sentenced to 14 days' simple imprisonment plus Rs 1,000 fine, kept in abeyance for 60 days to prefer a Section 19 appeal.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 18 August 2022 in Contempt Application (Criminal) No. 5 of 2022, the Allahabad High Court (Coram: Suneet Kumar, Syed Waiz Mian, JJ.) recorded the conviction of the Investigating Officer (In-charge), Kanth Police Station.

Register number
UP 27 CW 0001
Case reference
Contempt Application (Criminal) No. 5 of 2022 / 2022 LiveLaw (AB) 382
Court and date
Allahabad High Court (Coram: Suneet Kumar, Syed Waiz Mian, JJ.), 18 August 2022
Officer(s) at the material time
Investigating Officer (In-charge), Kanth Police Station
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 353 of the Indian Penal Code, 1860; Section 504 of the Indian Penal Code, 1860; Section 506 of the Indian Penal Code, 1860
Finding of the Court (extract)
“The misleading entry in the GD was made willfully and deliberately with sole purpose to bypass the mandate in Arnesh Kumar (supra), in order to arrest the accused. The contemnor, in the circumstances, has circumvent the mandate which was binding …” (at para n/a)
Verdict, sentence and quantum
Conviction entered by High Court. Sentence: imprisonment and fine; maximum substantive term of 0.038 years.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Allahabad High Court judgment dated 18 August 2022 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“The misleading entry in the GD was made willfully and deliberately with sole purpose to bypass the mandate in Arnesh Kumar (supra), in order to arrest the accused. The contemnor, in the circumstances, has circumvent the mandate which was binding …” (para n/a)

Institutional response

1
18 Aug 2022

Order issued

Concluded
Allahabad High Court External · Binding

The Allahabad High Court entered convictions against police personnel in this judgment.

Conviction · Supports allegation.
Source: 2022 LiveLaw (AB) 382
Not yet re-checked.

Follow-up history

1
25 Sep 2026

(Official source added: Allahabad High Court order in Contempt Application (Criminal) No. 5 of 2022 dated 18.8.2022 (copy hosted by LawBeat): Kanth Police Station investigating officer sentenced to 14 days' simple imprisonment and Rs 1,000 fine, sentence kept in abeyance 60 days.)

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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