WPCRL/2302/2021
2021 Latest Caselaw 5286 UK

Citation : 2021 Latest Caselaw 5286 UK
Judgement Date : 22 December, 2021

Uttarakhand High Court

WPCRL/2302/2021 on 22 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.2302 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. D. Barthwal, learned counsel for the petitioner.

Mr. V.K. Jemini, learned DAG along with Ms. Lata Negi, learned B.H. for the State.

Mr. Lalit Sharma, learned counsel for the private respondent.

By means of present writ petition, petitioner seeks to quash the impugned FIR No.0308 of 2021, u/s 406 & 506 IPC, registered at Police Station Transit Camp, 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 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, provided, he will cooperate with the investigation; will not tamper the evidence; will hand over his passport before the concerned Magistrate, if any; and will not leave the country without prior permission of the concerned Magistrate.

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

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 22.12.2021 BS