WPCRL/1718/2021
2021 Latest Caselaw 3815 UK

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                                 WPCRL No. 1718 of 2021

                                 Hon'ble N.S. Dhanik, J .

                                       Mr. Ghanshyam Joshi, learned
                                 counsel for the petitioners.
                                       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.
                                       On instructions, learned State
                                 Counsel would submit that petitioner
                                 nos. 1 & 3 not wanted in the instant case
                                 at this stage.
                                       In view of the above statement of
                                 learned State Counsel, the present
                                 criminal writ petition is hereby closed in
                                 respect of petitioner nos. 1 & 3.
                                         The writ petition is being disposed
                                 of at the admission stage itself with the
                                 consent of learned counsel for the
                                 parties in respect of petitioner nos. 2, 4
                                 & 5.
                                        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. Petitioner nos. 2, 4
& 5 are directed to contact the
Investigation Officer on or before
04.10.2021

.

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

All pending applications also stand disposed of.

(N.S. Dhanik, J.)

22.09.2021 SB