WPCRL/267/2022
2022 Latest Caselaw 269 UK

Citation : 2022 Latest Caselaw 269 UK
Judgement Date : 17 February, 2022

Uttarakhand High Court

WPCRL/267/2022 on 17 February, 2022

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPCRL No.267 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. Bhuwan Bhatt, learned counsel for the petitioners.

Mr. P.S. Uniyal, learned B.H. for the State. By means of present writ petition, petitioners seek to quash impugned FIR No.0102 of 2022, under Sections 325, 504, 506 IPC, registered at Police Station Kotwali Laksar, District Haridwar.

The writ petition is being disposed of at the admission stage itself with the consent of learned counsel for the parties.

It is argued by learned counsel for the petitioners that the private respondent filed a false report against the petitioners and the case is fully covered by Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273.

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 and will not temper with evidence.

Criminal writ petition is summarily disposed of with the direction as above.

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 17.02.2022 BS