WPCRL/319/2022
2022 Latest Caselaw 449 UK

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                                  WPCRL No.319 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. Ramji Shrivastava, learned counsel for the petitioner.

Mr. V.K. Jemini, learned Dy. A.G. for the State.

By means of present writ petition, petitioner seeks to quash impugned FIR/Case Crime No.0049 of 2022, under Sections 420, 406, 120-B, 323, 504, 506 IPC, registered at Police Station Kotwali Dehradun, 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, it is purely a dispute regarding dishonoured of cheques; the respondent has already filed a complaint under Section 138 of N.I. Act before the A.C.J.M., Dehradun. The copy of the complaint (Annexure No.1) is on record.

From the perusal of the complaint, it is clear that the writ-petitioner issued cheques in favour of the private respondent, which have been dishonoured; the matter is fully 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. Petitioner is directed to put his appearance before the I.O. on or before 10.03.2022.

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

All pending applications also stand disposed of.

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