WPCRL/1449/2021
2021 Latest Caselaw 3187 UK

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      Date                                        COURT'S OR JUDGES'S ORDERS
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                                 WPCRL 1449/2021
                                 Hon'ble N.S. Dhanik, J.

Mr. Avidit Noliyal, Advocate, for the petitioner.

Mr. S.S. Adhikari, Dy. Advocate General, assisted by Mr. Balwinder Singh, Brief Holder for the State.

Mr. Sachin, Advocate, for the private respondent no. 3.

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

                                            Heard      learned     Counsel     for   the
                                 parties.

Learned State Counsel informed this Court that the charge of offence under Section 3/4 of the Dowry Prohibition Act has been dropped against the petitioner.

Learned Counsel for the petitioner 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 petitioner 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 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 cooperate in the investigation and appear before the Investigation Officer on or before 31.8.2021.

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 parties.

(N.S. Dhanik, J.) 18.8.2021 Pr