WPCRL 101/2021 Hon'ble N.S. Dhanik, J.
Mr. Deep Chandra Joshi, Advocate, for the petitioners.
Ms. Mamta Joshi, Brief Holder, for the State.
By means of present writ petition, petitioner seeks to quash impugned FIR bearing Case Crime No. 203 dated 13.7.2020 under Sections 504, 506, 452 IPC, PS Lalkuan, District Nainital.
Heard learned Counsel for the parties.
Learned Counsel for the petitioners submits that in the year 2018, the petitioner no. 2 had complained to the DM and SDM against the encroachment made by the respondent no. 3 on the public land and, therefore, the impugned FIR has been lodged by the respondent no. 3 against the petitioners in order to harass them. Petitioner no. 1 is the wife of petitioner no. 2, who is serving in Army and presently posted in Tripura.
In view of the judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273, the petitioner should be arrested only when the Investigating Officer has reason to believe, on the basis of information and material collected, that the accused/suspect has committed an offence. Before making arrest, the Investigating Officer is required to satisfy himself that the arrest is necessary for one or more purposes envisaged by Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. It will not be based upon the ipsi dixit of the Police Officer. In other words, the petitioners shall be arrested only when the conditions stipulated in Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. are satisfied. Petitioners are directed to cooperate in the investigation and appear before the Investigation Officer on or before 18.2.2020.
With the direction as above, the writ petition is being disposed of at the admission stage itself with the consent of learned counsel for the petitioners and learned State Counsel.
Till 18.2.2020, the NBW issued against the petitioner no. 2 shall remain in abeyance.
(N.S. Dhanik, J.) Vacation Judge 18.1.2021 Pr