A bench of Justices J B Pardiwala and Ujjal Bhuyan was hearing a special leave petition arising from a Jharkhand High Court order that had denied anticipatory bail to an accused in a land dispute case.

“Police have no power to arrest the accused in a complaint case unless there is a non-bailable warrant issued by that Court along with the summons,” the to court said on April 23.

J B Pardiwala and Ujjal Bhuyan of the Supreme Court said that this power must be exercised cautiously and only after recording reasons in writing. (Image enhanced using AI)

Supreme Court: Police cannot arrest in complaint cases

The Supreme Court said the very basis of seeking anticipatory bail in such cases was flawed.

It emphasised that once a magistrate takes cognisance of a private complaint and issues summons, the accused is only required to appear before the court and participate in proceedings.

Once the court takes cognisance and issues summons, all that the accused has to do is to appear before that court and join the…