WPCRL/1452/2021
2021 Latest Caselaw 2995 UK

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                                  WPCRL No.1452 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Gaurav Singh, learned counsel for the petitioners.

Mr. J.S. Virk, learned Dy.A.G. along with Mr. Rakesh Joshi and Mr. Rohit Dhyani, learned B.H. for the State.

Heard learned counsel for the parties. By means of present writ petition, petitioners seek to quash impugned FIR/Case Crime No.0498 of 2021, under Sections 120-B, 420, 427, 447, 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-Jinterdra Kumar has purchased the land by way of sale deed; the petitioners have no concerned with land; a false report has submitted by the respondent against the petitioners.

From the perusal of the FIR, it is 'prima facie' clear that no case is made out against the petitioners under Section 420 IPC.

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.) 11.08.2021 BS