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2016 DIGILAW 753 (UTT)

Shahid Hussain v. State of Uttarakhand

2016-10-20

U.C.DHYANI

body2016
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 impugned FIR dated 13.10.2016 registered as case crime no. 224 of 2016, under Sections 420 and 120-B of IPC, PS Sahaspur, Vikas Nagar, District Dehradun. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to not to arrest the petitioners in pursuance of the FIR dated 13.10.2016 registered as case crime no. 224 of 2016, under Sections 420 and 120-B of IPC, PS Sahaspur, Vikas Nagar, District Dehradun.” 2. Heard learned counsel for the petitioners, learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition. 3. The allegation in the First Information Report is that the petitioner (accused persons) did not deliver the possession of the land to the complainant despite having executed registered sale-deed in her favour. It is the submission of learned counsel for the petitioners that the name of respondent no.3 has been duly mutated in the revenue record. It is also submitted by learned counsel for the petitioners that physical possession of the land in question has actually been handed over to the respondent no.3. 4. 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 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 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. 5. 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 petitioners. 6. 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. 5. 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 petitioners. 6. Petitioners are directed to contact the Investigating Officer of the case on 27.10.2016, and on such subsequent dates as may be instructed by him (I.O.) for interrogation and investigation. 7. When the investigation of the case will be conducted, it will either culminate into filing of the charge-sheet or submission of final report. This Court has no occasion to interfere in the investigation in between. 8. 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, with the consent of learned counsel for the parties, who are 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.