WPCRL/1765/2021
2021 Latest Caselaw 3778 UK

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                                  WPCRL No.1765 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. B.S. Adhikari, learned counsel for the petitioner.

Mr. Pankaj Joshi, learned B.H. for the State. It is argued by learned counsel for the petitioner that earlier WPCRL No.1686 of 2021 was filed in which this Court has granted relief in favour of the writ-petitioner on 10.09.2021; the matter is identical; it is also submitted that a finance company was constituted in the name of 'Bharat Bhumi Agrotech Limited' wherein many persons invested their money; the present petitioner is one of the Director along with Mahesh Pant and Mehtab Ali; on 02.04.2016 an MoU was executed among the Directors; as per the MoU all the liabilities were handed over to Director Mahesh Pant while present petitioner Sandeep Kandari and as well as co- director Mehtab Ali have been exempted from all the liabilities; accordingly, the present petitioner rendered his resignation, which was accepted.

Since the petitioner has tendered his resignation and as per the MOU all the liabilities has been fixed upon Mahesh Pant (Director); accordingly, no FIR can be lodged against the present petitioner.

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; he will 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.) 21.09.2021 Sukhbant