WPCRL/273/2022
2022 Latest Caselaw 292 UK

Citation : 2022 Latest Caselaw 292 UK
Judgement Date : 18 February, 2022

Uttarakhand High Court

WPCRL/273/2022 on 18 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.273 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. Prince Chauhan, learned counsel for the petitioner.

Mr. Pankaj Joshi, learned B.H. for the State. By means of present writ petition, petitioner seeks to quash impugned FIR No.39 of 2022, under Sections 420, 406, 504, 506, 120B IPC, registered at Police Station Rajpur, District Dehradun.

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 petitioner that the private respondent filed a false report against the petitioner; he is ready to settle the dispute with the informant 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. Petitioner is 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.) 18.02.2022 BS