WPCRL/380/2021
2021 Latest Caselaw 578 UK

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                                  WPCRL No. 380 of 2021

                                  Hon'ble N.S.Dhanik, J.

Mr. Tarun P.S.Takuli, Advocate for the petitioners.

Mr. Dinesh Chauhan and Mr. P.C.Uniyal, Brief Holders for the State.

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.

The writ petition is 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 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 ipsi dixit of the Police Officer. In other words, the petitioners shall be arrested on 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 Investigating Officer on or before 15.03.2021.

Till 15.03.2021 only, no coercive measures shall be taken against the petitioners.

Criminal Writ Petition is summarily disposed of with the direction as above.

Pending application also stand disposed of.

Let a copy of this order be supplied to the learned counsel for the petitioner within 48 hours on payment of usual charges.

(N.S.Dhanik, J.) 02.03.2021

Kaushal