Mohd Sahzad And Another ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 243 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

             Writ Petition (Criminal) No. 242 of 2022


Mohd Sahzad and another                       .............Petitioners

                              Versus

State of Uttarakhand and others               ..........Respondents


Present:-
       Mr. Mohd. Safdar, Advocate for the petitioners.
       Mr. Pratiroop Pandey, A.G.A for the State of Uttarakhand.



                              JUDGMENT

Hon'ble Ravindra Maithani, J.(Oral)

The challenge in this petition is made to the

Case Crime No. 78 of 2022, under Sections 420, 323, 504,

506 IPC, Police Station Kotwali Jwalapur, District

Haridwar.

2. Heard learned counsel for the parties through

video conferencing and perused the record.

3. 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.

4. 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.

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

Supreme Court issued various direction with regard to

arrest and remand of an accused.

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

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

offence has been committed and thereafter, to satisfy that

arrest is required, for further investigation of the matter.

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

the directions of the Hon'ble Supreme Court while

investigating the instant case.

8. With these observations, the writ petition stands

disposed of.

(Ravindra Maithani, J.) Vacation Judge 10.02.2022 Sanjay