WPCRL/119/2021
2021 Latest Caselaw 254 UK

WPCRL No. 119 of 2021
Hon'ble N.S. Dhanik, J.

Mr. Gaurav Singh, learned counsel for the petitioners.

Mr. Siddhartha 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 petitioners, details whereof are given in the prayer clause.

Learned counsel for the petitioners would submit that the second petitioner had given a complaint of the incident on the very same day that is on 05.01.201 to the police but the police did not lodge the FIR immediately and the third respondent with the knowledge that a complaint has been given by the second respondent, taking benefit of time, concoated a false story and got lodged FIR. Furthermore, it is submitted that the impugned FIR is the counter blast to the complaint given by the second petitioner to the police against the third respondent as he outraged the modesty of the third respondent.

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 Investigation Officer on or before 05.02.2021.

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 20.01.2021 SB