WPCRL/17/2022
2022 Latest Caselaw 62 UK

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                                  WPCRL No.17 of 2022
                                  Hon'ble R.C. Khulbe, J.

Mr. Navnish Negi, learned counsel for the petitioner.

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

Mr. Siddhartha Sah, learned counsel for private respondent.

By means of present writ petition, petitioner seeks to quash the FIR No.0477 of 2021, under Section 384 IPC and 67 of the I.T. Act, registered at Police Station Bajpur, District Udham Singh Nagar.

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 State that as per the instructions, no offence is made out against the petitioner u/s 384 IPC; now it is only for the offence u/s 67 I. T. Act for which the investigation is under progress.

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.

This writ petition is summarily disposed of provided the petitioner will cooperate with the investigating agency and that he will not try to tamper the investigation and also will not try to leave the country without permission of the concerned Court.

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