STATE OF HARYANA Vs. DINESH KUMAR
LAWS(SC)-2008-1-94
SUPREME COURT OF INDIA
Decided on January 08,2008

State Of Haryana And Ors Appellant
VERSUS
DINESH KUMAR Respondents





Cited Judgements :-

S PANDIARAJAN VS. GOVERNMENT OF TAMILNADU [LAWS(MAD)-2012-7-103] [REFERRED TO]
SIVANESAN VS. SUPERINTENDENT OF POLICE [LAWS(MAD)-2013-2-96] [REFERRED TO]
KAUSHLYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-4-92] [REFERRED TO]
SATISH CHANDRA YADAV VS. UNION OF INDIA [LAWS(SC)-2022-9-118] [REFERRED TO]
BHEEM SINGH MEENA VS. GOVT. OF NCT OF DELHI [LAWS(DLH)-2012-12-168] [REFERRED TO]
VAKIL KUMAR MEENA VS. DIRECTOR, EXPORT INSPECTION COUNCIL OF INDIA [LAWS(DLH)-2015-4-345] [REFERRED TO]
SUPERINTENDENT OF POLICE VS. S. RAJESHKUMAR [LAWS(MAD)-2023-3-51] [REFERRED TO]
AMI CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2020-9-26] [REFERRED TO]
N SURESH VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2010-10-472] [REFERRED]
NAVIN KUMAR S/O KAPILDEO PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2015-1-101] [REFERRED TO]
VINOD KUMAR VS. AJMER VIDHYUT VITRAN NIGAM LIMITED AND ORS. [LAWS(RAJ)-2015-3-90] [REFERRED TO]
VINOD KUMAR TOMAR VS. UNION OF INDIA AND ORS. [LAWS(MPH)-2015-9-110] [REFERRED TO]
RAJVEER SHAKYA VS. THE STATE OF M.P. AND ORS. [LAWS(MPH)-2016-3-24] [REFERRED TO]
KAVITA MANIKIKAR OF MUMBAI W/O RAVIKIRAN MANKIKAR VS. CENTRAL BUREAU OF INVESTIGATION BS & FC, THROUGH I [LAWS(BOM)-2018-5-76] [REFERRED TO]
PARTHA CHOUDHURY VS. STATE OF TRIPURA [LAWS(TRIP)-2015-7-3] [REFERRED TO]
DOPPA VENKAT NARSAIAH VS. STATE OF TELANGANA [LAWS(TLNG)-2022-12-61] [REFERRED TO]
SUNIL KUMAR VS. U O I [LAWS(RAJ)-2012-1-46] [REFERRED TO]
DAYA SHANKAR YADAV VS. UNION OF INDIA [LAWS(SC)-2010-11-52] [REFERRED TO]
S JEEVA VS. STATE OF TAMILNADU [LAWS(MAD)-2009-12-414] [REFERRED TO]
GOWRI SHANKER GUPTA VS. STATE OF A.P. [LAWS(APH)-2012-12-32] [REFERRED TO]
SHIV PRASAD MEENA VS. BHARAT SANCHAR NIGAM LIMITED [LAWS(RAJ)-2014-2-122] [REFERRED TO]
SHAILENDRA KUMAR SINGH VS. UNION OF INDIA (UOI) AND ORS. [LAWS(ALL)-2011-5-543] [REFERRED TO]
M/S RSPL LIMITED VS. MUKESH SHARMA & ANR [LAWS(DLH)-2016-8-8] [REFERRED TO]
DOPPA VENKAT VS. STATE OF TELANGANA [LAWS(TLNG)-2022-12-65] [REFERRED TO]
MANJUNATHA VS. STATE OF KARNATAKA AND ORS. [LAWS(SC)-2014-11-99] [REFERRED TO]
SANDEEP BATRA VS. STATE [LAWS(RAJ)-2012-1-28] [REFERRED TO]
URVESHBHAI BALDEVBHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2014-12-3] [REFERRED TO]
PRADEEP SHARMA VS. STATE OF GUJARAT [LAWS(GJH)-2010-10-256] [REFERRED TO]
M SENTHIL KUMAR VS. DIRECTOR GENERAL OF POLICE AND CHAIRMAN AND ORS [LAWS(MAD)-2010-9-546] [REFERRED]
NAVIN KUMAR VS. STATE OF BIHAR AND ORS. [LAWS(PAT)-2015-1-199] [REFERRED TO]
STATE OF TAMIL NADU VS. MUNEESWARAN [LAWS(MAD)-2024-3-61] [REFERRED TO]
AMAR KANTI BARUA VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-7-27] [REFERRED TO]
KAMKHYA NARAIN SINGH VS. NATIONAL AIRPORT AUTHORITY, DELHI AND ORS. [LAWS(ALL)-2015-3-234] [REFERRED TO]
S.C. SHUKLA (NOW DEAD) SMT SUSHIL KUMARI AND OTHERS VS. STATE OF U.P. THR SECY. APPOINTMENT LKO AND ANOTHER [LAWS(ALL)-2017-7-285] [REFERRED TO]
TARSEM LAL VS. UNION OF INDIA AND ORS. [LAWS(J&K)-2014-12-14] [REFERRED TO]
DIRECTOR GENERAL OF POLICE, CHENNAI VS. EPHTHA [LAWS(MAD)-2013-1-550] [REFERRED TO]
ASHISH ARORA VS. STATE OF KERALA [LAWS(KER)-2013-7-116] [REFERRED TO]
DUX JITENDRABHAI PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2017-8-282] [REFERRED TO]
PRADEEP N SHARMA VS. STATE OF GUJARAT [LAWS(GJH)-2011-2-82] [REFEREED TO]
PRAVEEN KUMAR VS. MINISTRY OF RAILWAY & ORS [LAWS(DLH)-2015-11-441] [REFERRED]
UDAY CHANDRA DAS VS. UNION OF INDIA [LAWS(CAL)-2009-4-28] [REFERRED TO]
RAJ KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2012-5-65] [REFERRED TO]
SARJEET SINGH VS. STATE OF U.P. THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS AND ORS. [LAWS(UTN)-2010-2-69] [REFERRED TO]
TARA CHAND MEENA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-3-72] [REFERRED TO]
INNOVATIVE TEXTILES PVT LTD & ANR VS. HEM CHAND SHARMA & ANR [LAWS(DLH)-2007-3-293] [REFERRED]
NIRBHAI SINGH VS. UNION OF INDIA [LAWS(DLH)-2011-7-150] [REFERRED TO]
SADHWI PRAGYA SINGH THAKUR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-3-18] [REFERRED TO]
B. RAMAKRISHNA YADAV AND ORS. VS. THE SUPERINTENDENT OF POLICE AND ORS. [LAWS(APH)-2015-11-24] [REFERRED TO]
AKHILESH KUMAR ALIAS BABLOO VS. COMMANDANT [LAWS(ALL)-2012-8-7] [REFERRED TO]
AJAY KRISHNAN VS. UNION OF INDIA [LAWS(KER)-2021-1-48] [REFERRED TO]
RAHUL KUMAR VS. STATE OF M.P. [LAWS(MPH)-2021-8-73] [REFERRED TO]
OM PRAKASH MUND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-9-79] [REFERRED TO]
PRAFUL KASEKAR VS. AIRPORT AUTHORITY OF INDIA [LAWS(MPH)-2009-8-87] [REFERRED TO]
THE PRINCIPAL SECRETARY TO GOVERNMENT VS. V.N.VARUSAI MOHAMAD [LAWS(MAD)-2016-8-62] [REFERRED TO]
CAPT (RETD ) O P SHARMA & ANR VS. KAMLA SHARMA & ORS [LAWS(DLH)-2008-3-387] [REFERRED]
AMAR NATH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-2-278] [REFERRED TO]
AJAYA KUMAR PRADHAN VS. STATE OF ORISSA AND ANR. [LAWS(ORI)-2008-12-102] [REFERRED TO]
NINA KUMARI SAH, WIFE OF AMARNATH SAH VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-5-18] [REFERRED TO]
KALPESH NAVINDCHANDRA DAFTARY VS. STATE OF GUJARAT [LAWS(GJH)-2011-6-11] [REFERRED TO]
K.SATHYASEELAN VS. TAMIL NADU UNIFORMED SERVICES RECRUITMENT BOARD [LAWS(MAD)-2013-2-108] [REFERRED TO]
MUNICIPAL COROPORATION OF DELHI VS. RAM NIWAS [LAWS(DLH)-2010-7-386] [REFERRED TO]
MANOJ KUMAR VS. COMMISSIONER OF DELHI POLICE [LAWS(DLH)-2011-7-2] [REFERRED TO]
HEM PRABHAKAR SHAH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-9-31] [REFERRED TO]
SANDEEP BATRA VS. STATE [LAWS(RAJ)-2012-5-282] [REFERRED TO]
SONU ALIAS SHAHAZAD VS. STATE OF M P [LAWS(MPH)-2010-1-141] [REFERRED TO]
TOFAN SINGH VS. STATE OF TAMIL NADU [LAWS(SC)-2020-10-54] [REFERRED TO]
SAUBHAGYA BHAGAT VS. STATE OF UTTARAKHAND [LAWS(UTN)-2023-8-1] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)These two appeals have been taken up for hearing and disposal together, inasmuch as, the issues to be decided in these appeals are common to both, but have been decided differently by two co-ordinate benches of the same High Court giving rise to a question of law which is of great public importance. In these appeals we are called upon to decide what constitutes "arrest" and "custody" in relation to a criminal proceeding and the decision in respect thereof may have a bearing on the fate of the respondent in this appeal and that of the appellants in the other appeal in relation to their recruitment as Constable-Drivers in the Haryana Police.
(3.)The respondent in the first of these two appeals and the appellants in the other appeal applied for appointment as Constable-Drivers under the Haryana Police and submitted their respective application forms, which contained two columns, namely, 13(A) and 14, which read as follows:-
13(A): Have you ever been arrested

14: Have you ever been convicted by the Court of any offence



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