WPCRL/303/2022
2022 Latest Caselaw 381 UK

Citation : 2022 Latest Caselaw 381 UK
Judgement Date : 23 February, 2022

Uttarakhand High Court

WPCRL/303/2022 on 23 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.303 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. Navneet Kaushik, learned counsel for the petitioner.

Mr. Pankaj Joshi, 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.346 of 2021, under Sections 504, 506, 452 IPC, registered at Police Station Patel Nagar, 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 submitted by learned counsel for the petitioner that initially FIR was lodged U/s 504, 506 IPC while during the investigation Section 452 IPC was added. Prima facie, no offence is made out against the petitioner U/s 452 IPC.

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.) 23.02.2022 Sukhbant