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2016 DIGILAW 804 (UTT)

Anil Kumar Sah v. State of Uttarakhand

2016-11-09

U.C.DHYANI

body2016
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, the petitioners pray for the following reliefs, among others: “Issue a writ or order in the nature of certiorari calling for the records and quashing the order dated 02.07.2016 (Annexure No. 2 to this writ petition), lodged by the respondent no.3, on the basis of which, a case crime no. 42 of 2016, u/S 420, 406 and 120B of IPC was registered before Police Station Shrinagar, District Pauri Garhwal.” 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. Respondent No. 3 obtained a loan from the Bank in the name of his daughter in which the petitioner was guarantor. When the loanee did not repay the loan, a suit for recovery of the loan amount was instituted by the Bank against the principal borrower and the guarantors. Thereafter, the principal borrower filed a complaint that the principal sum was not received by him/her daughter. 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. Petitioners are directed to contact the Investigating Officer of the case on 16.11.2016, 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. 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.