WPCRL/77/2021
2021 Latest Caselaw 204 UK

WPCRL No. 77 of 2021
Hon'ble N.S. Dhanik, J.

Mr. B.D. Pande, learned counsel for the petitioner.

Mrs. Manisha Rana Singh, learned A.G.A. along with Mr. Balvinder Singh, learned Brief Holder for the State.

This writ petition is filed seeking for a writ of certiorari to quash the FIR lodged against the petitioner, details whereof are given in the prayer clause.

Learned counsel for the petitioner would submit that in order to pressurize the petitioner, the third respondent got registered the FIR against the petitioner. It is also submitted that the petitioner has duly shown his bonafide by depositing a sum of Rs. 14, 22,278/- with the Office of the Regional Provident Fund Commission, by way of Demand Draft No. 4450 dated 05.07.2019 which was drawn from HDFC Bank, on 08.07.2019. Furthermore, the allegations leveled in the FIR are baseless and not true.

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 ipse 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 on or before 30.01.2021.

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

All pending applications also stand disposed of.

(N.S. Dhanik, J.) 14.01.2021 SB