WPCRL/1052/2021
2021 Latest Caselaw 2176 UK

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                                  WPCRL No. 1052 of 2021

                                  Hon'ble N.S. Dhanik, J .

                                        Mr. Nikhil Singhal, learned counsel
                                  for the petitioners.
                                        Mr. K.S. Rawal, learned A.G.A. for
                                  the State of Uttarakhand.
                                        Mr.    Susheel,     learned    counsel
                                  holding brief of Mr. Vaibhav Singh
                                  Chauhan, learned counsel for the third
                                  respondent.

This writ petition is filed seeking for a writ of certiorari to quash the FIR lodged against the petitioners. However, learned counsel for the petitioners does not press this writ petition on merits. He limits his prayer to the extent that petitioners should be granted interim relief during investigation in the light 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 petitioners should be arrested only when the Investigating Officer has reason to believe on the basis of information and material collected, that they have 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 petitioners 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 20.07.2021.

The prayer is not being objected to by the learned State Counsel.

Criminal writ petition is summarily disposed of with the direction as above and with the consent of learned counsel for the parties.

All pending applications also stand disposed of.

(N.S. Dhanik, J.) 01.07.2021 SB