Lalit Mohan Chhimwal @ Kani v. State of Uttarakhand
2016-10-01
U.C.DHYANI
body2016
DigiLaw.ai
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, the petitioners pray for the following reliefs, among others:- “(a) issue a writ, order or direction in the nature of certiorari quashing the FIR registered as Case Crime No. 56 of 2016, registered under Section 306 IPC, Police Station Kaladhungi, District Nainital (Annexure No. 3). (b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in pursuance of Case crime No. 56 of 2016, registered under Section 306 IPC, Police Station, Kaladhungi, District Nainital (Annexure No.3).” 2. An FIR was lodged against the petitioner for the offences punishable under Section 306 of IPC. 3. Learned counsel for the petitioner placed Judgment of Hon’ble Apex Court being Mahendra Singh and another vs. State of M.P., reported in 1995 Supp (3) SCC 731, and Netai Dutta vs. State of W.B., reported in (2005) 2 SCC 659 , Sohan Raj Sharma vs. State of Haryana 2008, AIR SCW 3202 and this Court also in Mahesh Yadav vs. State of Uttarakhand and another, reported in 2014 (1) U.D. 94 in which it was held that mere cruel or insulting behaviour cannot be taken to be an act of abetting suicide and the ingredients of Section 306 IPC, in such cases, are not made out. 4. Learned counsel for the petitioner argued that even if the entire facts of the first information report be conceded to be true, no offence as such against the petitioner is made out. 5. It is provided that the petitioner should be arrested only when the Investigating Officer has reason to believe, on the basis of the 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. 6. 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. 7.
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. 6. 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. 7. Petitioner is directed to contact the Investigating Officer of the case on 08.10.2016, and on such subsequent dates as may be instructed by him (I.O.) for interrogation and investigation. 8. It will be of no use keeping the present criminal writ petition pending for disposal, inasmuch as, the investigation is going on and ultimately, the investigation will come to its logical conclusion only under Section 173 of the Criminal Procedure Code either by a final report or by a charge sheet. The same is accordingly being disposed of at the admission stage itself with the consent of learned counsel for the parties present. 9. 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 her to move for recall of this Order, if she feels aggrieved with the same. [Stay application no. 10289 of 2016 also stands disposed of.]