WPCRL/120/2022
2022 Latest Caselaw 150 UK

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                                  I.A. No. 1 of 2022 (Urgency Application)
                                  In
                                  WPCRL No. 120 of 2022
                                  Hon'ble N.S. Dhanik, J.

Mr. Mani Kumar, Advocate for the petitioners.

Mrs. Manisha Rana Singh, Assistant Government Advocate and Mr. Balwinder Singh, Brief Holder for the State of Uttarakhand.

Heard learned counsel for the parties through video conferencing.

By means of present writ petition, petitioners seek to quash the FIR, details whereof are given in the prayer clause.

Learned counsel for the petitioners does not press this writ petition on merits and prays for grant of only interim protection, during the course of investigation.

Reliance has been placed on the judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC

In view of the said verdict, the petitioners should be arrested only when the Investigating Officer has reason to believe, on the basis of information and material collected, that the accused/ suspects have 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 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 cooperate in the investigation and appear before the Investigation Officer on or before 25.01.2022.

With the direction as above, the writ petition is being disposed of at the admission stage itself with the consent of learned counsel for the petitioners and the learned State Counsel.

Urgency application is, accordingly, disposed of.

(N.S. Dhanik, J.) Vacation Judge 19.01.2022 Arpan