WPCRL/175/2021
2021 Latest Caselaw 321 UK

WPCRL No.175 of 2021
Hon'ble R.C. Khulbe, J.

Mr. Niranjan Bhatt, learned counsel holding brief of Mr. V.P. Bahuguna, learned counsel for the petitioner.

Mr. Kuldeep Rawal, learned A.G.A. and Mr. Dinesh Chauhan, learned B.H. for the State.

By means of present writ petition, petitioner seeks to quash impugned FIR No. 3 of 2021, under Sections 379, 420, 406 IPC, registered at PS Doiwala, District Dehradun.

Heard learned Counsel for the parties.

Learned counsel for the petitioner submits that the co-accused has filed a WPCRL No.103 of 2021 in similar grounds, in which relief has been granted by the Coordinate Bench of this Court.

Learned Counsel for the petitioner also submits that the petitioner has been falsely implicated and he is not the employee of the Construction Company, as mentioned in the FIR. Learned Counsel further submits that neither the date and time of the alleged incident nor the quantity of the stolen material has been disclosed in the FIR and there is no specific allegation 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 the accused/suspect 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 cooperate in the investigation.

With the direction as above, the writ petition is being disposed of at the admission stage itself with the consent of learned counsel for the petitioner and the learned State Counsel.

Petitioner is directed to appear before the Investigation Officer on or before 15.2.2021.

Pending applications stand disposed of accordingly.

R.C. Khulbe, J.

(Vacation Judge) 01.02.2021 BS