WPCRL/2314/2021
2021 Latest Caselaw 5326 UK

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                                  WPCRL No.2314 of 2021
                                  Hon'ble N.S. Dhanik, J.

Ms. Neetu Singh and Mr. Vinod Chandra, learned counsel for the petitioner.

Mr. Pankaj Joshi, learned B.H. for the State. Heard learned counsel for the parties. By means of present writ petition, petitioner seeks to quash impugned FIR No.106 of 2020, under Section 420 IPC, registered at Police Station Kapkot, District Bageshwar.

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. The petitioner will cooperate in the investigation and he is directed to appear before the Investigating Officer on 06.01.2022.

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

All pending applications also stand disposed of.

(N.S. Dhanik, J.) 24.12.2021 Sukhbant