WPCRL/882/2021
2021 Latest Caselaw 1966 UK

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      Date                                        COURT'S OR JUDGES'S ORDERS
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                                 WPCRL 882/2021
                                 Hon'ble N.S. Dhanik, J.

Mr. Vikas Kumar Guglani, Advocate, for the petitioner.

Mr. Atul Kumar Sah, AGA, for the State.

By means of present writ petition, petitioner seeks to quash the FIR No. 0242 of 2020, under Section 406 IPC, registered at PS Pantnagar, District Udham Singh Nagar.

Heard learned Counsel for the parties.

Learned Counsel for the petitioner does not 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 29.6.2021.

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 petitioner and the learned State Counsel.

(N.S. Dhanik, J.) 21.6.2021 Pr