WPCRL/468/2021
2021 Latest Caselaw 844 UK

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      12.03.2021                     WPCRL No. 468 of 2021

                                     Hon'ble R.C. Khulbe, J.

Mr. B.S. Koranga, learned counsel for the petitioner.

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

Heard learned counsel for the parties.

By means of present writ petition, petitioners seeks to quash the impugned FIR dated 07.01.2021 registered as case crime no. 009 of 2021, under sections 427, 504 and 506 IPC at P.S. Rudrapur, District Udham Singh Nagar.

The writ petition is being disposed of at the admission stage itself with the consent of the learned counsel for the parties.

In view of the judgment rendered by the 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 he 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-Clause

(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 condition stipulated in Sub-Clause (a) to (e) of Clause (1) of Section 41 of Cr.P.C. are satisfied. Petitioner is directed to contact the Investigating Officer on or before 06.04.2021.

Criminal writ petition is summarily disposed of with the direction above.

Pending application, if any, also stands disposed of.

(R.C. Khulbe, J.) 12.03.2021 Parul