The High Court of Delhi in case of suicide

The High Court of Delhi declared the arrest of a man as illegal, in an approach to the suicide file, after mentioning that no column “reasons for arrest” was there in the arrest memory and were not served separately on him at the time of his arrest.

Vikas Mahajan justice He said that the arrest was vitiated, because the reasons for arrest regarding section 50 of CRPC read with Article 22 (1) of the Constitution of India were not provided to the accused.

“Now, coming to the present facts, a perus of the arrest memory shows that, although there is a column that provides for “arrest reasons” against which it is mentioned “for the purpose of correct investigation”, but there is no column for “arrest reasons” in the arrest memory, it is not the case of the criminal prosecution in“, The court said.

Mentioned: “Rather, the learned application correctly stated that the petitioner was not served with arrest reasons. “

Mahajan justice ordered the release of the accused Gagan in a registered thread last year for the offenses under section 306 (storage of suicide) and 34 (common intention) of the Indian Criminal Code, 1860.

The case was recorded on the complaint of a man who recorded a video with his deceased cousin saying that he consumed poison due to Gagan and other accused persons.

Declaring it illegally, the court referred to various decisions on this topic and said that they must serve in the arrest writing in the person arrested at the time of arrest or simultaneously with the issuance of the arrest memory.

“The petitioner is under arrest from 08.08.2024 and Therefore, the accusation sheet has already been filed, its custody is not required for any purpose. In addition, there is no minimum punishment prescribed for the alleged offense. Even the petitioner’s history is clean. All these factors would also have been for the benefit of the petitioner, ”said the court.

Title: Gagan v. State (NCT of Delhi)

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