WPCRL/1618/2021
2021 Latest Caselaw 3881 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                   COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures

                                  WPCRL No. 1618 of 2021

                                  Hon'ble N.S. Dhanik, J .

                                        Mr. P.C. Petshali, learned counsel
                                  for the petitioner.
                                        Mr. V.K. Jemini, learned Deputy
                                  Advocate General for the State.
                                        Learned counsel for the petitioner
                                  submits that the petitioner has also
                                  challenged the FIR before this Hon'ble Court
                                  in Writ Petition No. 969 of 2021 and vide
                                  order dated 23.06.2021, the Hon'ble Court
                                  pleased to dispose of the same in terms of
                                  judgment rendered by Hon'ble Apex Court
                                  in Arnesh Kumar v. State of Bihar and
                                  another reported in 2014(8) SCC 273. He
                                  also submits that in compliance of order
                                  dated 23.06.2021 the petitioner appeared
                                  before the I.O.      Thereafter, during the
                                  investigation few Sections i.e. 467, 468,
                                  471 and 120-B IPC had been added by the
                                  I.O. and now the petitioner apprehends his
                                  arrest as the Sections added are not
                                  covered by the aforesaid judgment of
                                  Hon'ble Apex Court.
                                        Learned    State   Counsel    although
                                  admits the fact that in compliance of order
                                  dated 23.06.2021, the petitioner appeared
                                  before the I.O. He also submits that at the
                                  present, the investigation is still going on
                                  and during the investigation few Sections
                                  were added but the petitioner is not
                                  cooperating with the investigation and not
                                  presenting himself for recording the
                                  statements.
                                        Learned counsel for the petitioner
                                  would further submit that the petitioner is
                                  cooperating with the investigation and there
                                  is no need of his arrest when the petitioner
                                  has already been appeared before the I.O.
       In view of above submissions, the
petitioner is directed to contact the
Investigating     Officer   on    or before
27.09.2021

and in the meantime, the petitioner shall not be arrested.

List this case on 30.07.2021. Let a certified copy of this order be supplied to learned counsel for the parties, on payment of usual charges, within 24 hours.

(N.S. Dhanik, J.)

24.09.2021 SB