WPCRL/2334/2021
2022 Latest Caselaw 38 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPCRL No.2334 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Amit Kapri, learned counsel for the petitioner.

Mr. J.S. Virk, learned Dy.A.G. for the State.

By means of present writ petition, petitioner seeks to quash the impugned Case Crime No.250 of 2021, u/s 420, 506, 506 IPC, registered at Police Station Kotwali Pithoragarh, District- Pithoragarh.

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

From the perusal of the FIR, the informant submitted the cheque in favour of the Royal Panther for getting benefit, as per the assurance given by the present accused.

The petitioner did not receive any money from the informant; although, as per his instruction, the informant submitted a cheque in the name of Royal Panther.

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.

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

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 05.01.2022 Sukhbant