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2016 DIGILAW 757 (UTT)

Surendra Pratap Singh v. State of Uttarakhand

2016-10-21

U.C.DHYANI

body2016
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, the petitioner prays for the following reliefs, among others: “(a) Issue a writ, order in the nature of certiorari quashing the impugned FIR of Case Crime No. 116 of 2016, under Sections 420, 467, 468, 471 and 120B of IPC, PS Basant Vihar, District Dehradun (Annexure 1). (b) Issue a writ, order or direction in the nature of mandamus commanding the respondents no. 1 & 2 not to harass the petitioner in view of the impugned FIR till the collection of any credible evidence against the petitioner and till filing of the charge sheet.” 2. Heard learned counsel for the petitioner, learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition. 3. The FIR has been lodged by respondent no.3/State Bank of India against three accused persons including the present petitioner alleging therein that they prepared forged documents and on the basis of the same obtained loan from the Bank. Petitioner is a guarantor. Accused no. 1 & 2 obtained the loan. It is the submission of learned counsel for the petitioner that proceeding before the Debts Recovery Tribunal is also going on. 4. Although, one of the offences alleged against the petitioner entails punishment for more than 7 years, but learned counsel for the petitioner contends that no such offence is made out against the petitioner and if the commission of that offence is ignored in respect of the petitioners, other offences are covered by the decision of Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273 . 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 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. 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. 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 28.10.2016, 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 court has no occasion to interfere in between. The same is accordingly being 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 him to move for recall of this Order, if he feels aggrieved with the same.