WPCRL/2015/2021
2021 Latest Caselaw 4614 UK

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                                  WPCRL No.2015 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. M.S. Pal, learned senior counsel assisted by Mr. Manoj Bhatt, learned for the petitioners.

Mr. Amit Bhatt, learned DAG for the State. By means of present writ petition, petitioners seek to quash impugned FIR/Case Crime No.0028 of 2021 dated 1.11.2021, under Sections 342/504/506 IPC and Section 3 of Prevention of Damage to Public Property Act, 1984, registered at Police Station Dwarahaat, District Almora.

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

It is submitted by learned senior counsel that a false report is submitted by the respondent no.3 against the writ petitioners; there is no evidence against them; apart from that, the matter is covered with the judgment of Apex Court in Arnesh Kumar's case since the punishment prescribed under the offence is not more than seven years. 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 petitioners should be arrested only when the Investigating Officer has reason to believe on the basis of information and material collected, that they have committed the 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 contact the Investigating Officer as and when required. Petitioner are directed to cooperate with investigation and they shall not try to tamper the evidence in any manner whatsoever. Criminal writ petition is summarily disposed of with the directions as above.

All pending applications also stand disposed of.

Copy today as per rules.

(R.C. Khulbe, J.) 17.11.2021 Rdang