Uttarakhand High Court
Pan Singh Rana vs State Of Uttarakhand And Others on 10 August, 2016
Author: U.C.Dhyani
Bench: U.C.Dhyani
WPCRL No. 1020 of 2016 U.C.Dhyani, J.
Mr. Sandeep Kothari, Advocate, present for the writ petitioner.
Mr. A. S. Gill, learned Deputy Advocate General, assisted by Mr. H. S. Rawal, AGA and Mr. S. S. Adhikari, Mr. Milind Raj & Mr. V. S. Rathour, Brief Holders, present for the State/respondents no.1 & 2.
By means of present writ petition, the petitioners seek to quash the Case Crime No. 111 of 2016, under Sections 307 and 506 of IPC (Section 307 of IPC added in place of Section 285 on 26.07.2016) and Section 27/30 of the Arms Act, P.S. Raipur, District Dehradun.
Heard learned counsel for the petitioner learned counsel for the State and perused the documents brought on record.
Earlier, case crime no. 111 of 2016 was registered for the offences punishable under Sections 285 & 506 of IPC and Section 27/30 of the Arms Act. Now, Section 307 of IPC has been added due to the reasons best known to the investigating officer, but the fact remains that it is a no injury case. According to the allegations itself the victim escaped unhurt.
In view of the judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 Supreme Court Cases 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 ipse 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.
Needless to say that the Investigating Officer of the case shall abide by the aforesaid directions of Hon'ble Apex Court, before affecting the arrest of the petitioner.
Petitioner is directed to contact the Investigating Officer of the case on 17.08.2016, and on such subsequent dates as may be instructed by him (I.O.) for interrogation and investigation.
When the investigation of the case will be conducted, it will either culminate into filing of the charge-sheet of submission of final report. This Court has no occasion to interfere in the investigation in between. Therefore, it will be of no use keeping the present criminal writ petition pending. Criminal Writ Petition is, accordingly, disposed of at the admission stage itself.
In the given facts and circumstances of the present writ petition, this Court does not feel it necessary to issue notice to the private respondent. Still, liberty is granted to him to move for recall of this Order, if he feels aggrieved with the same.
(U.C.Dhyani, J.) 10.08.2016 Kaushal