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8. Chapter IV of the Code of Criminal Procedure, 1973 deals with powers of superior Officers of Police and aid to the Magistrates and the police, Chapter V deals with arrest of persons, search of places entered by persons sought to be arrested, pursuit of offenders into other jurisdiction, search of arrested persons, seizure of offensive weapons etc., Chapter X deals with the provisions in respect of unlawful assembly, public nuisance and the role of the police in these matters, Chapter XI deals with the preventive action of the Police and Chapter XII deals with the subject of information to the police and their powers to investigate cases. It is significant also to notice that a vital role is assigned by the Code of Criminal Procedure to the Officer incharge of a Police Station, which expression has been defined in Section 2(o) of the Act to include, when the Officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house, who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present and 'police station' is defined in Section 2(s) of the Act to mean any post or place declared generally or specifically by the State Government, to be a police station and to include any local area specified by the State Government in this behalf. A Police Officer superior in rank to an Officer in charge of a police station is recognised to have to powers of the Officer in charge of the police station through the local area to which they are appointed, as may be exercised by such Officer within the limits of his station (see Section 36 of the Code of criminal Procedure). By specific provisions in this behalf, the Code made the Police responsible to the Courts of Judicial Magistrates to report, of any arrest of any person, of registration of any case at the Police Station, about the progress of investigation, of the case search, seizure etc., and to take such orders as the Magistrate may deem fit and proper for all such purposes. It is difficult to visualise any act of the police under the Code or under any other law, which is not made subject to the scrutiny of the Court. All police actions, the Code leaves no ambiguity, are controlled by the Courts and the Courts commands in this behalf are final for the police. The above indeed is provided for the main role assigned to the police and the purpose for which the police force is created is for prevention of crime, investigation of crime and maintenance of law and order, besides such roles which are referable to the police, providing security to various constitutional and statutory functionaries, the property of the State/States and all the people irrespective of their status and position. Establishment of the Indian democracy under the Constitution of India is a union of welfare States marked the end of any such existence of a police State in India and if there is anything of the past is still lingering, it is against the letter and spirit of the rights which are preserved, for the citizens and any person residing in India, in Part III of the Constitution of India. Not only the police but all functionaries and authorities, including Officers and Executives, are made answerable to laws and to function with the bounds of laws and there can be no area of the duty of any Executive or Officer, whether belonging, to the police force of the State or to any other establishment of the State, which is without the bounds of law. Since law alone is the power, all constitutional and statutory functionaries have to function within such limitations which are prescribed for their functions by the laws made by the competent Legislature and no power is assigned or given to any person unless he or she has a duty to perform. Co-relating thus the duty assigned to a Police Officer for which power is given to him or her, when we look to the scheme of the law as above, we see no place for a Police Officer to interfere with the body of any person living in India, except in accordance with the prescribed procedure of law and if what is alleged by the petitioners is true, there is no other possible view, but to hold that the police have violated the right of the petitioners under Article 21 of the Constitution of India. There could be no restriction upon the movement of the petitioners unless such movement is shown to have been prohibited by a law or an order made in exercise of the power by the competent authority, who is conferred with the power to issue such order to prevent the movement of the petitioners. The right under Article 19(d) of the Constitution of India to move freely through the territory of India is subject only to any law imposing reasonable restrictions on the exercise of the said power, either in the interest of the general public or for the protection of the interest of any Schedule Tribe. No such law has been pleaded or shown to us under which the petitioners' movement could restricted. Police no doubt or in that matter any person could arrest without warrant issued by a competent Court provided conditions under section 41 of the Code of Criminal Procedure, 1973 are existing. Respondents, however, have stated that the petitioners right from their student career and are also continuing to have leaning to CPI (ML) and PWG after their enrolment as advocates and that the Officers of the Special lntelligence Branch know them as Advocates, representing the extremists cases in Courts. 'Leaning towards ........' alone cannot bring one within the ambit of Section 41 of the Code of Criminal Procedure. Since Article 19(b) of the Constitution of India recognises as one of the rights to freedom, the rights to form associations, or unions, no association or union of individuals, muchless, leaning towards in such association or union, can ever be imagined to attract any part of Section 41 of the Code of Criminal Procedure. If there is a law, however, imposing in the interest of the sovereignty and integrity of India or public order reasonable restrictions on the exercise of the said right, the position may be different. The Court, however, is informed that under the Andhra Pradesh Public Security Act, 1992 CPI (ML) Peoples War Group was for some time declared as unlawful association and has once again been declared as unlawful association for a period of one year from June, 1996.