WPCRL/286/2022
2022 Latest Caselaw 440 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.286 of 2022
                                          Hon'ble R.C. Khulbe, J.

Mr. S. R. S. Gill, learned counsel for the petitioners.

Mr. V. S. Rathore, learned AGA for the State. Heard learned counsel for the parties. By means of present writ petition, petitioners seek to quash impugned FIR/Case Crime No.31 of 2022, under Sections 186, 188, 353, 332, 147, 504, 34, 506 of IPC and u/s 132 & 136 of the Representations of Peoples Act, 1950, 1951 and 1989, registered at Police Station Dineshpur, District U.S. Nagar.

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 petitioners that a false report is submitted by the respondent against the writ petitioners; no case is made out u/s 353 and 332 of IPC; it is purely a political matter; 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 petitioners 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.

Let a certified copy of this order be supplied, today itself, to the learned counsel for the parties, on payment of usual charges.

(R.C. Khulbe, J.) 25.02.2022 R.Bisht