WPCRL/624/2021
2021 Latest Caselaw 1368 UK

Office Notes, reports, orders or SL. proceedings or Date COURT'S OR JUDGES'S ORDERS No directions and Registrar's order with Signatures

WPCRL No. 624 of 2021

Hon'ble N.S. Dhanik, J .

Mr. Parikshit Saini, learned counsel for the petitioners.

Mrs. Meena Bisht, learned Brief Holder for the State of Uttarakhand.

This writ petition is filed seeking for a writ of certiorari to quash the FIR lodged against the petitioners. However, learned counsel for the petitioners does not press this writ petition on merits. He limits her prayer to the extent that petitioners should be granted interim relief during investigation in the light 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 he 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 ipse dixit of the Police Officer. In other words, the petitioner 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 contact the Investigation Officer on or before 19.04.2021.

The prayer is not being objected to by the learned State Counsel.

Criminal writ petition is summarily disposed of with the direction as above and with the consent of learned counsel for the parties.

All pending applications also stand disposed of.

(N.S. Dhanik, J.)

07.04.2021 SB