JUDGEMENT
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(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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