WPCRL/2239/2021
2021 Latest Caselaw 5110 UK

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                                  WPCRL No.2239 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. D.N. Sharma along with Mrs. Manju Bahuguna, learned counsels for the petitioners.

Ms. Manisha Rana Singh, learned A.G.A. for the State.

Heard learned counsel for the parties. By means of present writ petition, petitioners seek to quash impugned FIR/Case Crime No.689 of 2021, under Sections 147, 148, 149, 452, 323, 336, 354, 427, 452, 504 and 506 IPC, registered at Police Station Rudrapur, District Udham Singh Nagar.

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 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.) 14.12.2021 R.Bisht