WPCRL/1700/2021
2021 Latest Caselaw 3696 UK

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                                 WPCRL No. 1700 of 2021

                                 Hon'ble N.S. Dhanik, J .

                                       Mr. Girish Chandra Lakhchaura,
                                 learned counsel for the petitioners.
                                       Mr. Pratiroop Pandey, learned
                                 A.G.A. along with Mr. Pramod Tiwari,
                                 learned Brief Holder for the State.
                                       This writ petition is filed seeking for
                                 a writ of certiorari to quash the FIR
                                 lodged against the petitioners, details
                                 whereof are given in the prayer clause.
                                        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
                                 v. 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 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 ipse 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. Considering the age
                                 of petitioner no. 2 i.e. 72 years old,
 petitioners are directed to contact the
Investigation Officer on or before
08.10.2021

.

The prayer is not being objected to by the learned State Counsel.

Criminal writ petition is summarily disposed of with the direction as above and with the consent of learned counsel for the parties.

All pending applications also stand disposed of.

(N.S. Dhanik, J.) 18.09.2021 SB