WPCRL/1164/2021
2021 Latest Caselaw 2611 UK

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                                  WPCRL 1164/2021
                                  Hon'ble N.S. Dhanik, J.

Mr. Vaibhav Singh Chauhan, Advocate, for the petitioners.

Ms. Mamta Joshi, Brief Holder, for the State.

Mr. Shailendra Nauriyal, Advocate, for the complainant.

By means of present writ petition, petitioner seeks to quash the FIR No. 108 of 2020, under Sections 384, 388 and 506 IPC, PS Muni Ki Reti, District Tehri Garhwal.

Heard learned Counsel for the parties.

Learned State Counsel, on instructions, submits that during investigation no evidence against the petitioner pertaining to offence under Section 388 IPC has come to light.

At this Stage, learned Counsel for the petitioner submits that since there is no evidence against the petitioner regarding offence under Section 388 IPC, therefore, he does not want to press this writ petition on merits and prays for grant of only interim protection during the course of investigation. Reliance has been placed on the judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273. In view of the said verdict, the petitioner should be arrested only when the Investigating Officer has reason to believe, on the basis of information and material collected, that the accused/suspect 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 ipsi 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 cooperate in the investigation and appear before the Investigation Officer on or before 5.8.2021.

With the direction as above, the writ petition is being disposed of at the admission stage itself with the consent of learned counsel for the parties.

(N.S. Dhanik, J.) 26.7.2021 Pr