WPCRL/15/2022
2022 Latest Caselaw 61 UK

Citation : 2022 Latest Caselaw 61 UK
Judgement Date : 6 January, 2022

Uttarakhand High Court

WPCRL/15/2022 on 6 January, 2022

                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.15 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. Lalit Sharma, learned counsel for the petitioner.

Mrs. Manisha Rana Singh, learned A.G.A. for the State.

By means of present writ petition, petitioner seeks to quash impugned FIR/Case Crime No.341 of 2021, under Sections 420, 504 and 506 IPC, registered at Police Station Nanakmata, District Udham Singh Nagar.

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

It is submitted by learned counsel for the writ petitioner that earlier co-accused Arsh Warsi ahd filed Writ Petition No.2356 of 2021, in which a Co-ordinate Bench of this Court granted relief vide order dated 30.12.2021.

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 as and when required.

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

All pending applications also stand disposed of.

(R.C. Khulbe, J.) 06.01.2022 R.Bisht