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2016 DIGILAW 790 (UTT)

Rajeev Marwah v. State of Uttarakhand

2016-11-07

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 No. 80 of 2016, dated 19.10.2016, case crime no. 80 of 2016, under Sections 420 and 120B of IPC, PS Rajpur, District Dehradun. (b) Issue a writ, order or direction in the nature of mandamus directing the respondents no. 1 & 2 not to arrest the petitioners during the pendency of investigation nor take any coercive steps against them pursuant to the impugned FIR No.80 of 2016, dated 19.10.2016, case crime no. 80 of 2016, under Sections 420 and 120B of IPC, PS Rajpur, 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 accusation against the petitioners precisely, is that they executed second sale-deed in respect of other piece of land in which 150 meters was extra shown. It is the submission of learned counsel for the petitioners that the petitioners have already entered into compromise with respondent no.3, a cheque of Rs. 17 lacs has been delivered to him and the same has been encashed by the said respondent. According to learned counsel for the petitioners the dispute is civil in nature and the FIR has been lodged against the petitioners in order to pressurize the petitioners to settle the civil dispute amicably. 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. 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 14.11.2016, 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 him to move for recall of this Order, if he feels aggrieved with the same.