WPCRL/498/2021
2021 Latest Caselaw 956 UK

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                                 WPCRL 498/2021
                                 Hon'ble N.S. Dhanik, J.

Mr. D.P. Mittal, Advocate, for the petitioner.

Ms. Manisha Rana Singh, AGA, for the State.

By means of present writ petition, petitioners seek to quash impugned FIR no. 55 of 2019 dated 26.11.2019, under Sections 354(D)(I)(ii), 509 IPC and Section 67 of the Information Technology (Amendment) Act, 2008, registered at PS Mallital, Nainital

Heard 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 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 31.3.2021.

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 petitioner and learned State Counsel.

(N.S. Dhanik, J.) 17.3.2021 Pr