WPCRL/488/2021
2021 Latest Caselaw 957 UK

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                                 WPCRL 488/2021
                                 Hon'ble N.S. Dhanik, J.

Mr. D.K. Sharma, Senior Advocate, for the petitioner.

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

By means of present writ petition, petitioner seeks to quash impugned Case Crime/FIR No. 0081 dated 6.3.2021, under Section 420 IPC and Section 66 of the Information Technology Act and Sections 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, lodged at PS Transit Camp, Rudrapur, District Udham Singh Nagar.

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 30.3.2021.

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