Chapter- 5 (Arrest of Person)

1. Jadev v. State / State of Haryana v. Dinesh Kumar

- Difference between Arrest and Custody.

Sec 41 & Sec 46 2. Jogendra Kumar v. State of UP

-‘Arrest how made’

3. Hammawadi v. State of UP
- ‘May’ and ‘Shall’- No obligation to arrest- Only when
Necessary

4. Rudal Shah v. State of Bihar

-Languished in jail for 14 yrs

5. Bhim Singh v. State of J&K

- Arrest prevented him from attending legislative assembly
proceedings.

6. DK Basu v. State of WB
- Custodial Torture.

7. CBI v. Kishor Singh

8. Meenakshi Agrawal v. State of UP

9. Ram chandra v. State of UP

10. Seema Devi v. State of UP

Section 41 (A)& (B) 1. Dharambir Khattar v. UOI (2012)- Delhi HC

- Sec 498(a) against petitioner- Husband complied with every
guideline and rule and wanted a truce but wife didn’t- Arrest
made without any reason- Illegal.

2. Sukhpreet Singh v. State of Uttrakhand (2018)

- If confusion between Sec 41 & 41(A), then invoke 41(A).

3. Latita Kumari v. State of UP (2014)

- Consti bench of SC
- Petitioner sister kidnapped by minister- Non registration of
FIR by Police under Sec 41(A) & Sec 154(3)- Discretionary
under 154 - Haebus Corpus under A. 32.
- SC held if FIR prima facie frivolous only then NO registering
under 154.
 Section 48 CBI v. Anupam J Kulkarni

Section 50 Sheesh Ram v. State of UP

- If not complied, then arrest illegal.

Section 50 (A) Leelavati Behra Case

Old mother- Son taken by police without informing charges- Haebus
Corpse- Dead body of son found.

Section 53, 53(A) 1. Selvi v. State of Karnataka

and 54.
2. Swati Ladha v. State of Rajasthan
- Accused denied blood test- Denial works as an evidence against
Him.

3. Abdul Karim Telgi Case

- Counterfeit notes upto 100 billion- Offered himself for Narco
analysis- Just an executive body and Bigger politicians
involved - Court did not admit evidence.

4. Indrani Mukherjee Case

- She considered her sister Sheera Bohra to be her daughter-
Bohra dead- Test done and Indrani revealed as killer.

5. Narayan Dutt Tiwari Case

- 1st CM of Uttrakhand- Ex went to SC contending that she is
the mother of his child- He refused- SC asked for Hair test-
Found that Rohit sharma was his son.

Chapter- 6 (Process to compel appearance)

Sardar Jafferi Case (2019)- Bail

IPS Officer Mr. Darapuri (2019)- Bail

 Chapter- 7 (Process to compel Production of Things)

Sec 91 & 92 1. Ajay Mukherjee Case

Sec 93 1. Shyam lal case

- SC held that person named under S. 93 is not necessarily theh
accused under Sec 72.

2. VS Kuttar Pillai v. Ramakrishna

- Searching premises against client or witness not self-
incrimination under Art. 20(2).

3. Shyam Sachdev v. NCT Delhi

- If search warrant under Sec 93 illegal, then additional
evidences received is also illegal. (Not the general rule)

Sec 94 1. Solai nath Case - Madras HC

- If additional things recovered, Court discretion whether to
take into account or not.

2. Somnath v. State of Haryana

- Search made for gambling but opium found. Trial not
initiated for second offence.

1. State of Maharashtra v. Sangharaj Damodar Rupaware

Sec 95 & Sec 96 - Govt must give reason as to why publication under 124(A) of
IPC.

2. Balraj Muhdock Case

- Taj Mahal a temple Book- Forfeited under Sec 95.

Sec 97 1. Savita Ben v. State of Gujarat

- Wife left husband-Kids also with him- Later she realizes that
she should get the kids- FIR registered by her- JM Ist class
though it to be a case of Wrongful consignment although it
was not- Mother got custody.
- Appeal- HC decided in favor of Husband.
- 2nd essential of inquiring not followed by JM.

2. Duryodhan Mohanta v. Saraswati Mohanta

- Mother reported that her child illegally confined by her
husband- Search warrant issued and custody given to mother-
Appeal.
- HC held that Search warrant perfect but Custody wrong. Job
of Civil court and not Criminal Court.
 3. Jai Shri Tiwari v State of Raj
- Father made complained against mother for kidnapping of the
child – JM did not transfer the custody of the child- Appeal-
HC upheld that.

Sec 100 Radha Krishna v. State of UP

- Sec 100 and 165 not followed by police- Resistance by people
valid.