- (1.) By this petition, the petitioner has prayed for writ of mandamus directing the respondents to take decision on his application for according sanction for prosecution of learned Judicial Magistrate, Ist class, Chandigarh for taking cognizance of his arrest made by the police.
(2.) We have heard the petitioner in person and perused the papers.
(3.) According to the petitioner, he was arrested on 2-4-1998 by S. I. Diwan Singh without warrant. According the petitioner, his arrest was without following the provisions of Section 41 of Criminal Procedure Code and against law only on the plea that petitioner refused to give his specimen signature and judicial remand of 14 days was asked for. Petitioner was presented before Judicial Magistrate, 1st Class who bound the petitioner with the bail bond of Rs. 10,000/- and surety for the same amount. No other documents were produced before learned Magistrate and the case is still continuing. It is the contention of the petitioner that this action of learned JMFC is violativeof Section 166 of I.P.C. He has referred to the directions given by the Supreme Court in the case of Joginder Kumar v. State of U. P., 1994 Cri LJ 1981 (SC). The Supreme Court has given the following directions in this case :-"1. An arrested person being held in custody is entitled, if he so requests to have one friend, relative or other person who is known to him or likely to taken an interest in his welfare told as far as is practicable that he has been arrested and where he is being detained.2. The Police Officer shall inform the arrested person when he is brought to the police station of this right.3. An entry shall be required to be made in the Diary as to who was informed of the arrest. These protections from power must be held to flow from Articles 21 and 22(1) and enforced strictly.27. It shall be the duty of the Magistrate, before whom the arrested person is produced to satisfy himself that these requirements have P-3 been complied with.28. The above requirements shall be followed in all cases of arrest till legal provisions are made in this behalf. These requirements shall be in addition to the rights of the arrested persons found in the various Police Manuals.29. These requirements are not exhaustive. The Director General of Police of all the States in India shall issue necessary instructions requiring due observance of these requirements. In addition, departmental instructions he shall also be issued that a police officer making an arrest should also record in the case diary, the reasons for making the arrest.";