Arnesh Kumar vs State Of Bihar & Anr on 2 July, 2014
Considering the overall facts and circumstances of the case
and looking to the pandemic situation of COVID-19 coupled with
THE HIGH COURT OF MADHYA PRADESH
MCRC-47127-2020
(VICKY @ VIVEK Vs STATE OF MP)
the fact that offence under Section 406 is being registered against
the present applicant and also looking to the fact that since the
offence in question attracts punishment less than 7 years and
therefore, in view of the principles laid down by the Supreme Court
in the case of Arnesh Kumar (Supra), it is directed that in offences
involving punishment upto seven years imprisonment the police
may resort to the extreme step of arrest only when the same is
necessary and the applicant do not cooperate in the investigation.
The applicant should first be summoned to cooperate in the
investigation. If the applicant cooperate in the investigation then the
occasion of his arrest should not arise.