WPCRL/414/2021
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WPCRL 414/2021
Hon'ble N.S. Dhanik, J.

Mr. Gaurav Singh, Advocate, for the petitioners.

Mr. Pramod Tiwari, Brief Holder, for the State.

By means of present writ petition, petitioners seek to quash impugned FIR No. 0081 of 2021, under Sections 147, 148, 149, 452, 325, 504, 506 IPC, PS Khanpur, District Haridwar.

Heard learned Counsel for the parties.

Learned Counsel for the petitioners submits that the petitioners have not committed the alleged offences and no motive for committing the same has been shown. He further submits that there is a cross-version of the alleged incident.

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 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 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 cooperate in the investigation and appear before the Investigation Officer on 15.3.2021.

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 petitioners and learned State Counsel.

(N.S. Dhanik, J.) 4.3.2021 Pr