WPCRL/164/2022
2022 Latest Caselaw 200 UK

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                                  WPCRL No.164 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. Narayan Har Gupta, learned counsel for the petitioner.

Mr. Kuldeep Rawal, learned AGA for the State.

By means of present writ petition, petitioner seeks to quash impugned FIR/Case Crime No.0157 of 2021, under Section 420, 504 & 506 IPC, registered at Police Station Raiwala, District Dehradun.

The writ petition is being disposed of at the admission stage itself with the consent of learned counsel for the parties.

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, provided he will co-operate with the Investigating Agency.

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

Urgency Application (IA/1/2022) stands disposed of.

(R.C. Khulbe, J.) Vacation Judge 28.01.2022 R.Bisht