WPCRL/1343/2021
2021 Latest Caselaw 2797 UK

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                                 WPCRL 1343/2021
                                 Hon'ble N.S. Dhanik, J.

Mr. D.N. Sharma, Mr. Mohit Kumar and Km. Meenu, Counsel for the petitioners.

Mr. S.S. Adhikari, AGA, assisted by Mr. Balwinder Singh, Brief Holder for the State.

By means of present writ petition, petitioners seek to quash the FIR, details whereof are given in the prayer clause.

Heard learned Counsel for the parties.

Learned Counsel for the petitioners does not press this writ petition on merits and prays for grant of only interim protection during the course of investigation. Reliance has been placed on the judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC

273. In view of the said verdict, the petitioners 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 10.8.2021.

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.

(N.S. Dhanik, J.) 3.8.2021 Pr