Delhi’s Dwarka Court has given an important verdict raising serious questions on the functioning of the police in a murder case. The court termed the arrest of the female accused as completely illegal and illegal and ordered her immediate release. At the same time, the other two accused in the case, Suman Yadav and Vikram Yadav, have been sent to police custody for two days by the court, so that they can be interrogated further in connection with the case.
During the hearing, defense lawyer Rahul Yadav presented a pendrive in the court, which completely contradicted the police story. It was clearly visible in the CCTV footage that the police had taken Annu Yadav with them at 11:58 pm on March 15. A uniformed policeman, a woman policeman in civil dress, Annu Yadav, her husband and brother-in-law were clearly visible in the video. On the contrary, the police, in their official ‘arrest memo’, had recorded the time of arrest as 9:40 am on March 16. The court took this difference seriously and considered it to be key evidence proving the arrest was illegal. The other two accused in the case, Suman Yadav and Vikram Yadav, have been sent to police custody for two days by the court.
What does the law say about arrest after sunset?
The court said that this huge contradiction completely affects the credibility of the police story. The court clarified that according to the law, it is mandatory to take prior permission from the magistrate to arrest any woman after sunset. In this case, the police detained the woman at night without permission and then violated the law by changing the time in the papers. On the basis of this, the court declared the arrest of Annu Yadav illegal and void. At the same time, the other two accused in the case, Suman Yadav and Vikram Yadav, have been sent to police custody for two days by the court.
Relief given only on technical grounds
During the hearing, defense lawyer Rahul Yadav presented CCTV footage and pendrive, which showed that the police detained Annu Yadav at 11:58 pm on March 15, while his arrest memo recorded it as 9:40 am on March 16. The court said that according to the law, it is mandatory to take prior permission from the magistrate for the arrest of any woman after sunset. In this case, the police took custody without permission and violated the law by changing the time in the papers. On this basis, the court declared the arrest of Annu Yadav illegal.
The court made it clear in its order that this relief has been given only on the basis of technical and violation of legal procedure. This does not mean that Annu Yadav has got a clean chit in the murder case. The Investigating Officer (IO) is free to take further appropriate action as per the rules and within the ambit of law.
What was the whole matter?
On March 15, Vikram Yadav, his wife Suman Yadav and daughter Annu Yadav had a fight with Vikram’s sister Lalita Yadav over a property dispute in Chhawla area of Delhi. During this, there was a fight between the two parties, in which Suman and Lalita were seriously injured. Later, Lalita died during treatment, after which the police registered a case of murder and arrested all three. The other accused in the case, Suman Yadav and Vikram Yadav, have been sent to police custody for two days by the court.
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