WPCRL/1834/2021
2021 Latest Caselaw 3953 UK

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                                  WPCRL No.1834 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Gaurav 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.

This petition is filed to quash the FIR, details whereof are given in the prayer clause.

Heard on the stay application (IA 1/21). As per record, an agreement to sell was executed between the petitioner and respondent no.3 for selling out a house; accordingly, the petitioner received a sum of Rs.7.00 lakh; when the informant did not come at the office of Sub Registrar, accordingly, the petitioner issued a notice to the informant on 9.8.2021 in which a date was specifically mentioned that the informant may execute the sale deed by 7.11.2021; in the meantime, the informant lodged a false FIR.

From a perusal of the notice, it is clear that the petitioner is ready to execute the sale deed in favour of the informant and the last date for execution of the sale deed is fixed as 7.11.2021;

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. Petitioners are 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.) 30.09.2021 Rdang