WPCRL/1401/2021
2021 Latest Caselaw 2960 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.1401 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Shashank Pandey, learned counsel for the petitioners.

Mr. V. S. Rathore, learned A.G.A. along with Ms. Sonika 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.0499 of 2021, under Sections 323, 427, 452, 504, 506 IPC, registered at Police Station Kotwali Roorkee, District Haridwar.

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

It is argued by learned counsel for the petitioners that the respondent no.3 was raising illegal construction over the joint family property; initially, the petitioners lodged a complaint before the A.S.D.M., Roorkee on 26.07.2021 in which the concerned executive Magistrate has granted status-quo; thereafter, the respondent committed marpeet with petitioners; accordingly, the petitioners lodged the FIR No.486 of 2021; after lodging the said FIR, the respondent lodged the present FIR on 02.08.2021 against the petitioners as a counterblast.

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 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 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 BS