WPCRL/2177/2021
2021 Latest Caselaw 4914 UK

Citation : 2021 Latest Caselaw 4914 UK
Judgement Date : 3 December, 2021

Uttarakhand High Court

WPCRL/2177/2021 on 3 December, 2021

                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.2177 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. M. K. Ray, learned counsel for the petitioners.

Ms. Manisha Rana, learned AGA for the State. This petition is filed to quash the FIR no.358 of 2021 registered u/s 147, 323, 354, 452, 504, 506 of IPC registered at P.S. Kichha, District Udham Singh Nagar.

It is argued by learned counsel for the writ petitioner that the respondent no.3 filed a false report against the petitioners with the Police Station, Kichha, District Udham Singh Nagar, while no case is made out against the petitioners; apart from that the matter is covered by Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273.

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 petitioners should be arrested only when the Investigating Officer has reason to believe on the basis of information and material collected, that they have committed the 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 as and when required.

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

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 03.12.2021 R.Bisht