Delhi court denies custody of accused to Guj

NewDelhi/Ahmedabad:A Delhi court on Wednesday rejected the Gujarat police’ plea seeking the custody of a man wanted in a criminal case there without a non-bailable warrant.
Chief Metropolitan Magistrate Vinod Yadav rejected an application filed by Ahmedabad police to seek the custody of Satpal Fauji alias Ajay Chauhan, who was arrested by Delhi police on October 24, and ordered his release.


“The custody of the accused cannot be given to the inspector as he has not been able to show issuance of any nonbailable warrant against the accused. It appears that this Inspector has devised the arrest of the accused under Section 102 CrPC so that he could seek custody of the accused from this court. This practice is strongly deprecated,” the court said. The inspector of Crime Branch, Ahmedabad police, sought permission from the court to arrest Fauji, claiming that he has been named by other accused as one who was involved in several cases of robbery in Delhi, Maharashtra, Gujarat and Rajasthan. The police officer filed a plea with the statements of co-accused transcripted in Gujarati language.
“No document has been placed on record by the Inspector that the accused was named in any FIR, being investigated by Crime Branch, Ahmedabad City. The accused is sought to be arrested from this court on the basis of some disclosure statement of some accused in some case,” the court said.
It ordered the release of the man who was arrested by Delhi Police under Section 41.1 of the Criminal Procedure Code which allows a police officer to arrest someone against whom a reasonable complaint has been made or a reasonable suspicion exists.