Page No.# 1/2 GAHC010215262024 2025:GAU-AS:3235 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)(Suo Moto)/4/2024 IN RE - X X VERSUS PRABHAT SAIKIA SUB INSPECTOR, BOKAKHAT POLICE STATION, ASSAM TRUNK ROAD, BOKAKHAT, DIST- GOLAGHAT, PIN-785612 For the Petitioner(s) : Mr. T.J. Mahanta, Sr. Advocate/Standing Counsel, Gauhati High Court, assisted by Mr. A. Borua, Advocate. For the Respondent(s) : Mr. D. Das, Senior Advocate, Assisted by Mr. W.R. Medhi, Advocate. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 24.03.2025 (Vijay Bishnoi, CJ) This suo motu contempt petition is registered taking note of an order dated 28.08.2024 passed by the Additional District & Sessions Judge, Golaghat complaining that the respondent has violated the directions of the Hon’ble Supreme Court rendered in Arnesh Kumar -Vs- State of Bihar & Anr., reported in (2014) 8 SCC 273, because he has failed to comply with the provisions of Section 41A of the Code of Criminal Procedure, 1973 before arresting the accused person in connection with several criminal cases. Page No.# 2/2 In response to the notice issued to the respondent in this contempt petition, a detailed reply is filed on behalf of the contemnor and the sum and substance of the said reply is that the contemnor has failed to comply with the directions issued by the Hon’ble Supreme Court in Arnesh Kumar (supra). The contemnor has tendered his unconditional apology while contending that due to bona fide unintentional mistake, he has failed to comply with the mandatory guidelines given in the case of Arnesh Kumar (supra). The contemnor has prayed for pardoning him for that mistake. Having heard the learned senior counsel appearing for the parties and after taking into consideration the response filed on behalf of the contemnor and also taking into consideration the fact that the contemnor has already attained the age of 59 years and is going to retire soon, we deem it appropriate to accept the unconditional apology filed on behalf of the contemnor with a caution that in future the contemnor will not disobey the directions given by the Hon’ble Supreme Court in the case of Arnesh Kumar (supra). Hence, the contempt proceedings are closed. Notices discharged. JUDGE CHIEF JUSTICE Comparing Assistant