WPCRL/15/2021
2021 Latest Caselaw 198 UK

WPCRL 15/2021
Hon'ble N.S. Dhanik, J.

Mr. Vikas Kumar Guglani, Advocate, for the petitioners.

Mr. Pratiroop Pandey, Deputy Advocate General, for the State.

By means of present writ petition, petitioner seeks to quash impugned FIR No. 0053 of 2020, under Sections 420, 504 & 506 IPC, registered at Police Station Gadarpur, District Udham Singh Nagar.

Heard 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 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. Petitioners are 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 parties.

(N.S. Dhanik, J.) 14.1.2021 Pr