WPCRL/311/2022
2022 Latest Caselaw 414 UK

                Office Notes, reports,
SL.          orders or proceedings or
      Date                                                 COURT'S OR JUDGES'S ORDERS
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               order with Signatures

                                          WPCRL No.311 of 2022
                                          Hon'ble R.C. Khulbe, J.

Mr. Shashi Kant Shandilya, learned counsel for the petitioner.

Mr. V. S. Rathore, learned AGA for the State. Heard learned counsel for the parties. By means of present writ petition, petitioner seeks to quash impugned FIR/Case Crime No.0046 of 2022, under Sections 417, 506 and 511 IPC, registered at Police Station Mukhani, District Nainital.

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 that a false report has been submitted by respondent no.3; it was simply an attempt; the matter is covered by the dictum of Apex Court in Arnesh Kumar v. State of Bihar.

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 petitioners should be arrested only when the Investigating Officer has reason to believe on the basis of information and material collected, that they have committed the 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 also to cooperate with the investigating agency.

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

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 24.02.2022 R.Bisht