Sumit Tanwar vs State Of Uttarakhand And Others
2022 Latest Caselaw 244 UK

       HIGH COURT OF UTTARAKHAND AT NAINITAL

           Writ Petition (Criminal) No. 240 of 2022

Sumit Tanwar                                      ..........Petitioner

                              Versus

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


Present:-
       Ms. Prabha Naithani, Advocate for the petitioner.
       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 FIR

No.44 of 2022, under Sections 498-A, 323, 504, 506 IPC

and Sections 3/4 of the Dowry Prohibition act, 1961,

Police Station Kotdwar, District Pauri Garhwal.

2. Heard learned counsel for the parties through

video conferencing and perused the record.

3. At the very outset, learned counsel for the

petitioner would submit that the Investigating Officer (for

short, "IO") may be directed to follow the directions of

Hon'ble Supreme Court in the case of Arnesh Kumar vs.

State of Bihar and another (2014) 8 SCC 273.

4. In the case of Arnesh Kumar (supra), the

Hon'ble Supreme Court issued various direction with

regard to arrest and remand of an accused.

5. 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. In

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

categorically laid down directions in the case of Arnesh

Kumar (supra).

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

the directions of the Hon'ble Supreme Court while

investigating the instant case.

7. With these observations, the writ petition stands

disposed of.

(Ravindra Maithani, J.) Vacation Judge 10.02.2022 Sanjay