WPCRL/42/2022
2022 Latest Caselaw 82 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.42 of 2022
                                  Hon'ble R.C. Khulbe, J.

Ms. Radhya Arya, learned counsel for the petitioners.

Mr. Lalit Miglani, learned AGA with Ms. Sonika Khulbe for the State.

By means of present writ petition, petitioner seeks to quash impugned FIR/Case Crime No.275 of 2021, under Sections 323, 342, 506 IPC, registered at Police Station Jaspur, District U.S. Nagar.

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 petitioners should be arrested only when the Investigating Officer has reason to believe on the basis of information and material collected, that they 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 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.) 10.01.2022 Rdang