WPCRL/1297/2021
2021 Latest Caselaw 2748 UK

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                                  WPCRL No. 1297 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Reema Rana, learned counsel for the petitioner.

Mr. Siddhartha Bisht, learned Brief Holder for the State.

By means of present writ petition, petitioner is seeking quashing of FIR No. 364 of 2021, under Section 307, 323, 504 and 506 IPC registered at P.S. Jwalapur, District Haridwar.

Learned counsel for the petitioner would submit that during the course of investigation, Section 307 IPC is excluded. It is also submitted that as per the medical report, injuries are simple in nature and liberty has been granted by the Co-ordinate Bench of this Court in the favour of the co- accused in WPCRL No. 1172 of 2021.

In view of the above, the writ petition is being disposed of at the admission stage itself with the consent of the learned counsel for the parties.

In view of the judgment rendered by the Hon'ble Apex Court in the case of 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 belive 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 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-Clause (a) to (e) of Clause (1) of Section 41 Cr.P.C. are satisfied. Petitioner is directed to contact the Investigating Officer on or before 13.08.2021.

Criminal writ petition is summarily disposed of with the above direction as above.

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 02.08.2021 Parul