WPCRL/108/2021
2021 Latest Caselaw 253 UK

WPCRL No. 108 of 2021
Hon'ble N.S. Dhanik, J.

Mr. Abhishek Verma, learned counsel for the petitioner.

Mr. Siddartha Bisht, learned Brief Holder for the State of Uttarakhand.

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.

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. Since the petitioner is not mentally sound, this Court permits that any of the family members of the petitioner may contact the Investigating Officer on or before 30.01.2021 with all documents.

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

All pending applications also stand disposed of.

(N.S. Dhanik, J.) Vacation Judge 19.01.2021 SB