WPCRL/1472/2021
2021 Latest Caselaw 3064 UK

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                                  WPCRL No.1472 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Aditya Pratap Singh, learned counsel for the petitioners.

Mr. J.S. Virk, learned Dy. A.G. along with Mr. Rakesh Kr. Joshi and Ms. Sonika Khulbe, learned B.H. for the State.

Heard learned counsel for the parties. By means of present writ petition, petitioners seek to quash the impugned FIR/Case Crime No.017 of 2021, under Sections 323, 376(2)(n) (added lately), 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 initially the FIR was lodged under Section 323, 504, 506 IPC; after lodging the FIR, Section 376 (2)(n) IPC has been added against the accused-Abhishek Karnwal, who is in judicial custody; there is no FIR against the present petitioners under Section 376 (2)(n) 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.) 13.08.2021 BS