WPCRL/1791/2021
2021 Latest Caselaw 3958 UK

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                                  WPCRL No.1791 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. R.P. Nautiyal, learned senior counsel assisted by Ms. Garima Thapa, learned counsel for the petitioners.

Mr. Panak Joshi, learned B.H. for the State.

Mr. Abhishek Verma, learned counsel for the private respondent.

Heard learned counsel for the parties. By means of present writ petition, petitioner seeks to quash impugned FIR/Case Crime No.761 of 2021, under Sections 147,149,406,504 and 506 IPC, registered at Police Station Laksar, District Haridwar.

Learned counsel for the State fairly submitted that, as per the instructions, no other sections were added during investigation other than the offences as mentioned in the FIR and the case is covered by Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC

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 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 Sukhbant