WPCRL/288/2022
2022 Latest Caselaw 343 UK

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                                  WPCRL No.288 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. M.K. Ray, learned counsel for the petitioner.

Mrs. Pushpa Bhatt, learned Dy.A.G. along with Mr. Siddharth Bisht, learned B.H. for the State.

Heard learned counsel for the parties. By means of present writ petition, petitioner seeks to quash impugned FIR/Case Crime No.72 of 2022, under Sections 323, 498A, 506 IPC and Section 3/4 of the Dowry Prohibition Act, registered at Police Station Kichha, District Udham Singh Nagar.

It is argued by learned counsel for the petitioner that a false report has been submitted by respondent no.3; it is purely a matrimonial dispute between the parties; and, the matter is covered by Arnesh Kumar vs. State of Bihar and another.

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

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.) 22.02.2022 Sukhbant