Uttarakhand High Court
WPCRL/1458/2021 on 12 August, 2021
Author: R.C. Khulbe
Bench: R.C. Khulbe
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WPCRL No.1458 of 2021
Hon'ble R.C. Khulbe, J.
Mr. Tapan 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.
Mr. K.K. Harbola, learned counsel for the caveator.
Heard learned counsel for the parties. By means of present writ petition, petitioners seek to quash impugned FIR/Case Crime No.276 of 2021, under Sections 147, 148, 149, 452, 323, 354, 504, 506 IPC, registered at Police Station Pathri, District Haridwar.
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 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. 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.) 12.08.2021 Sukhbant