WPCRL/2028/2021
2021 Latest Caselaw 4512 UK

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                                  WPCRL No.2028 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Amit Kapri, learned counsel for the petitioner.

Mr. Siddhartha Bisht, learned B.H. for the State.

Heard.

By means of present writ petition, petitioner seeks to quash the impugned FIR/Case Crime No.109 of 2021, under Sections 420, 506 IPC, registered at Police Station Kotwali Pithoragarh, District-Pithoragarh.

It is submitted by learned counsel for the petitioner that the co-accused Bhuwan Chandra Joshi and Prakash Chandra Joshi were filed WPCRL No.1053 of 2021 and WPCRL No.1196 of 2021 respectively in which the Coordinate Bench of this Court granted interim protection in favour of them; the above orders are on record; the present matter is also similar.

The writ petition is being 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 petitioner 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-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, provided, the petitioner cooperates with the investigation and will not tamper with the evidence.

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

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 11.11.2021 BS