WPCRL/1609/2021
2021 Latest Caselaw 3413 UK

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                                      WPCRL No.1609 of 2021
                                      Hon'ble R.C. Khulbe, J.

Mr. Raj Kumar Singh, learned counsel for the petitioner.

Ms. Manisha Rana Singh, learned A.G.A. along with Ms. Sonika Khulbe, learned B.H. for the State.

Heard learned counsel for the parties. By means of present writ petition, petitioner seeks to quash the FIR arising out of Case Crime No.330 of 2021, under Sections 147/323/356/504/506 IPC, registered at Police Station Ranipur, District Haridwar.

It is submitted by learned counsel for the petitioner that earlier a writ petition no.1390 of 2021 was filed by the co-accused Dharmesh Bhalla and Umang Bhalla in which an order was passed on 09.08.2021. There is no allegation against the petitioner. The matter is identical.

Accordingly, 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. Petitioner is directed to contact the Investigating Officer.

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

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 02.09.2021 Sukhbant