WPCRL/1406/2021
2021 Latest Caselaw 2959 UK

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                                  WPCRL No.1406 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Gaurav Singh, learned counsel for the petitioners.

Mr. V.S. Rathore, learned AGA with Ms. Sonia Khulbe, learned B.H. for the State.

Heard learned counsel for the parties. By means of present writ petition, petitioner seeks to quash impugned FIR/Case Crime No.0221 of 2021, under Sections 147, 148, 149, 323, 504, 506, 452 IPC, registered at Police Station Kaliyar Shareef, District Haridwar.

It is argued by learned counsel for the petitioners that daughter of petitioner no.1 namely, Saba has also lodged an FIR against the respondent regarding the same nature of offence; the matter is under investigation; this is a cross case; and the injuries are simple in nature.

The writ petition is being disposed of at the admission stage itself with the consent of learned counsel for the parties.

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 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 ipsi 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. Petitioner is directed to contact the Investigating Officer.

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

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 10.08.2021 sukhbant