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2017 DIGILAW 123 (UTT)

Rekha Devi v. State of Uttarakhand

2017-02-21

U.C.DHYANI

body2017
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, the petitioners seek the following reliefs, among others: “(a) to issue a writ, order or direction in the nature of certiorari quashing the first information report dated 04.1.2017, being case crime no. 03 of 2017, under Sections 420, 467, 468, 471 IPC, lodged by respondent no. 3 at PS SIDCUL, District Haridwar against the petitioners, (Annexure No.1). (b) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents no. 1 & 2 not to arrest the petitioners in connection with the impugned FIR dated 04.1.2017, being case crime no. 03 of 2017, under Sections 420, 467, 468, 471 IPC, lodged by respondent no. 3 at PS SIDCUL, District Haridwar against the petitioners, (Annexure No.1).” 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 against the petitioners is that by impersonating one Shaila Devi, the accused petitioners sold the land fraudulently in favour of co-accused Khem Chandra and thereby respondent no.3 was cheated. 4. Considering the facts and circumstances of the case, this Court is of the opinion that 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 petitioner 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 28.02.2017, 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. 6. Petitioners are directed to contact the Investigating Officer of the case on 28.02.2017, 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.