Uttarakhand High Court
WPCRL/1487/2021 on 17 August, 2021
Author: R.C. Khulbe
Bench: R.C. Khulbe
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WPCRL No.1487 of 2021
Hon'ble R.C. Khulbe, J.
Mr. Gaurav Singh, learned counsel for the petitioners.
Ms. Manisha Rana Singh, learned A.G.A. along with Ms. Sonika Khulbe, learned B.H. for the State.
Heard learned counsel for the parties. By way of this petition preferred under Article 226 of the Constitution, petitioners have sought issuance of a writ in the nature of certiorari seeking to quash the FIR lodged by respondent no.3 on 20.7.2021 against the petitioners being registered as FIR No.0269 of 2021 for the offences u/s 147, 148, 149, 452, 323, 325, 504, 506 IPC registered at P.S. Pathri, District Haridwar.
It is submitted by learned counsel for the petitioners that the respondent No.3 has filed the present FIR on 20.7.2021 against the petitioners; the petitioner no.4 too lodged the FIR against the said respondent being FIR No.276 of 2021 before the same police station on 29.7.2021; it was a cross-case; the respondent and others have already filed WPCRL No.1458 of 2021, wherein, the protection has been granted by this Court on 12.08.2021.
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 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 the 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 within 15 days from today.
Criminal writ petition is summarily disposed of with the direction as above.
All pending applications also stand disposed of.
(R.C. Khulbe, J.) 17.08.2021 Rdang