Ajeet Singh Vikkarwal @ Ajeet ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 238 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

           Writ Petition (Criminal) No. 231 of 2022


Ajeet Singh Vikkarwal @ Ajeet Kumar              .....Petitioner

                              Versus

State of Uttarakhand and others                   ....Respondents


Present:-
       Mr. Gaurav Singh, Advocate for the petitioner.
       Mr. V.S. Rathore, A.G.A for the State of Uttarakhand.



                              JUDGMENT

Hon'ble Ravindra Maithani, J.(Oral)

The challenge in this petition is made to the FIR

No. 0078 of 2022, under Sections 420, 323, 504 and 506

IPC, Police Station Kotwali Jwalapur, District Haridwar.

2. Heard learned counsel for the parties through

video conferencing.

3. According to the F.I.R., petitioner was sold a

plot which was not in the name of the vendor. Money was

taken from the informant. There are specific allegations

against the petitioner as to how he took money from the

informant.

4. Learned counsel for the petitioner would submit

that the case is fully covered by the judgment in the case of Arnesh Kumar vs. State of Bihar and another (2014) 8

SCC 273.

5. It is argued that the petition may be disposed of

with the direction to Investigating Officer that he shall

follow the directions of Hon'ble Supreme Court in the case

of Arnesh Kumar (supra) during the course of the

investigation of the case.

6. In the case of Arnesh Kumar (supra), the Hon'ble

Supreme Court issued various direction with regard to

arrest and remand of an accused.

7. Even otherwise also, arrest is not a routine and

mechanical act of the IO. The IO is first to satisfy that some

offence is being committed and thereafter, to satisfy that

arrest is required, for further investigation of the matter. In

the cases like instant one, the Hon'ble Supreme Court has

categorically laid down directions in the case of Arnesh

Kumar (supra).

8. This Court has no doubt that the IO shall follow

the directions of the Hon'ble Supreme Court while

investigating the instant case.

9. With these observations, the writ petition stands

disposed of.

                                          (Ravindra Maithani, J.)
                                            Vacation Judge
Nahid                                         09.02.2022