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2016 DIGILAW 967 (UTT)

Sanoj Kumar v. State of Uttarakhand

2016-12-15

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 quash the impugned FIR dated 07.10.2016 registered as FIR No. 378 of 2016, under Sections 498-A, 313, 323, 504, 506 of IPC and Section 3, 4 of the Dowry Prohibition Act, PS Kahsipur, District Udham Singh Nagar (Annexure No. 1). (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 and 3 not to harass and arrest the petitioners in connection with the FIR No. 378 of 2016, under Sections 498-A, 313, 323, 504, 506 of IPC and Section ¾ of the Dowry Prohibition Act, PS Kahsipur, District Udham Singh Nagar.” 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. It is the submission of learned counsel for the petitioners that the petitioners are family members of respondent no. 4. It is further submitted that the allegation against the present petitioners are general in nature and there is no evidence to show that the petitioners were instrumental in causing the miscarriage of respondent no. 4. 4. Although, one of the offences alleged against the petitioners entails punishment for more than 7 years, but learned counsel for the petitioners contends that no such offence is made out against the petitioners and if the commission of that offence is ignored in respect of the petitioner, 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 petitioners should be arrested only when the Investigating Officer has reason to believe, on the basis of the 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. 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 petitioners. 7. Petitioners are directed to contact the Investigating Officer of the case on 22.12.2016, 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.