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2017 DIGILAW 128 (UTT)

Keshav Sharma @ Rahul v. State of Uttarakhand

2017-02-22

U.C.DHYANI

body2017
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, the petitioners seek the following reliefs, among others: “(a) Issue a writ, order or direction in the nature of certiorari quashing the first information report lodged against the petitioners on 09.02.2017 registered as FIR No. 59 of 2017 for the offences punishable under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 at PS Prem Nagar, District Dehradun (Annexure No.1). (b) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioners in pursuance to the FIR lodged against the petitioners on 09.02.2017 registered as FIR No. 59 of 2017 for the offences punishable under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 at PS Prem Nagar, District Dehradun (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. It is the submission of learned counsel for the petitioners that in the sole case shown in the gang-chart, on the basis of which, the petitioner has been implicated under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, the petitioners have been granted bail by this Court vide order dated 05.10.2016. Co-accused Vinay Tyagi was reported to be absconding when Order was passed on 05.10.2016. It is the submission of learned counsel for the petitioners that Vinay Tyagi has now surrendered before the Special Judge concerned and is currently in judicial custody. 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. 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 01.03.2017, 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.