WPCRL/72/2021
2021 Latest Caselaw 209 UK

WPCRL No. 72 of 2021
Hon'ble N.S. Dhanik, J.

Mr. Mani Kumar, learned counsel for the petitioners.

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 petitioners, details whereof are given in the prayer clause.

Learned counsel for the petitioners would submit that the petitioners had given the power to complainant/respondent no. 3 and his relative Jlaluddin to pick the scrap and they both have picked the scrap from the said company, which is clear by their signatures on Delivery slips. It is also submitted that the matter between the petitioners and complainant is purely a civil dispute. Furthermore, all the section described in the FIR is punishable with the punishment of up to seven years, but without giving notice under Section 41 A of Cr.PC, the Investigating Officer is trying to arrest the petitioner for the allege commission of crime.

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. Petitioners are 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