Dhaniram vs State Of Uttarakhand And Others
2023 Latest Caselaw 2623 UK

HIGH COURT OF UTTARAKHAND AT NAINITAL

      Writ Petition (Criminal) No. 1227 of 2023
Dhaniram                                  .............Petitioner

                             Versus

State of Uttarakhand and others             ........Respondents
Present:-
            Mr. Bilal Ahmed, Advocate for the petitioner.
            Mr. V.S. Rawat, Brief Holder for the State of
            Uttarakhand/respondent nos.1 and 2.

                          JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks the following reliefs:-

1) Issue a writ order or direction to investigation officer that in the cases where offence is punishable within imprisonment for a term which may be less than seven years or which may extend to seven years, the police officers will not automatically arrest the accused persons, but they have to satisfy themselves about the necessity for arrest under the parameters laid down in section 41 Cr.P.C.

2) Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

3) Award cost of the petition.

2. Heard learned counsel for the parties and

perused the record.

3. An FIR No.660 of 2023, under Section 420 IPC

at Police Station Laksar, District Haridwar has been

lodged against the petitioner by the respondent no.3 ("the

informant"). According to the FIR, the petitioner along

with the co-accused took a loan in the name of the

informant from a bank by committing forgery and other

offences. The informant was not aware of the loan taken

in his name. An inquiry was also conduced in the matter,

but no action was taken.

4. Learned counsel for the petitioner would

submit that the petitioner restricts his relief that the

Police Officers may be directed to follow the provisions of

law because the offences is punishable for a sentence

which is less than 07 years imprisonment.

5. Essentially what the petitioner seeks is that the

Investigating Officer may be directed to follow the

statutory provisions and the directions of Hon'ble

Supreme Court as laid down in such matters particularly

whether arrest or not to arrest. Such a petition may not

be entertained. It may not be presumed that an

Investigating Officer may not follow the statutory

provisions and directions of the Hon'ble Supreme Court

given on the subject. It is bounded duty of the

Investigating Officer to follow the statutory provisions in

the matters of arrest as well as the directions of Hon'ble

Supreme Court in these matters.

6. With the above observation, this Court does not

see any reason to make any interference in this petition.

The petition stands disposed of accordingly.

(Ravindra Maithani, J.) 05.09.2023 Sanjay