WPCRL/2259/2021
2021 Latest Caselaw 5189 UK

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                                  WPCRL No.2259 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. S. K. Jain, learned senior counsel, assisted by Mr. Siddharth Jain, learned counsel for the petitioner.

Ms. Manisha Rana, learned AGA for the State.

Heard learned counsel for the parties. By means of present writ petition, petitioner seeks to quash impugned FIR/Case Crime No.0481 of 2021, under Section 420 IPC, registered at Police Station Gangnahar, District Haridwar.

Heard on Stay Application (IA/1/2021). The writ petition is being disposed of at the admission stage itself with the consent of learned counsel for the parties.

It is submitted by learned senior counsel for the writ petitioner that Arpit Gupta-petitioner is a distributor, who issued some cheques in favour of the informant; after that he received the goods from the informant on making payment; the so-called letter was issued by Rajneesh Yadav in favour of the petitioner; neither the said letter was written by the petitioner nor did the petitioner receive any illegal money; even no offence is made out against the petitioner.

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 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 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.) 16.12.2021 R.Bisht