WPCRL/2056/2021
2021 Latest Caselaw 4634 UK

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                                  WPCRL No.2056 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Shailabh Pandey and Mr. Harshpal Sekhon, learned counsel for the petitioner.

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

Heard learned counsel for the parties. By means of present writ petition, petitioners seek to quash impugned FIR/Case Crime No.41 of 2021, under Sections 504 and 506 IPC, registered at Police Station Tallital, District Nainital.

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 counsel for the petitioner that the petitioner has been falsely implicated; there is no prima facie evidence against the petitioner; and, apart from that, the case is squarely covered by Arnesh Kumar vs. State of Bihar and another,(2014) 8 SCC 273.

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 petitioners cooperate 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.) 18.11.2021 Sukhbant