Supreme Court of India

State of Haryana & Ors. v. Dinesh Kumar

Neutral citation
Reported as [2008] 1 S.C.R. 281
Bench C.K. Thakker J.
Decided 8 January 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the legal position as to what constitutes arrest was correctly stated in the ) writ petitions filed by Lalit Kumar and Bhupinder, we confirm the order passed in Dinesh Kumar's case and extend the same F benefit to Lalit .Kumar and Bhupinder also.

Judgment, page 17

From the headnote

Code of Criminal Procedure, 1973: ss. 46 and· 439 - Expressions 'arrest' and 'custody' - c Connotation of - Persons appearing before Magistrate released on bail/personal bond without being taken into formal custody - HELD: person can be stated to be in judicial custody when he 'Surrenders before the Coult and submits to its directions - When a person who is not in custody, approaches a police officer and provides information, which leads to discovery of a fact, which could be used against him, it would be deemed that he has surrendered to the authority of investigating agency Service Law:

Where later benches applied it

Of those, 2 relied on · 2 referred to

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