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2017 DIGILAW 136 (UTT)

Krishna Pal v. State of Uttarakhand

2017-02-23

U.C.DHYANI

body2017
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, the petitioner seeks the following reliefs, among others: “(a) Issue a writ, order or direction in the nature of certiorari quashing the first information report dated 30.04.2016 registered as Case Crime No. 78 of 2016, under Sections 2/3 of the Uttar Pradesh Gangsters & Anti Social Activities (Prevention) Act, 1986 at Police Station Prem Nagar, Dehradun as against the petitioner. (b) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to not to arrest the petitioner in pursuance to the FIR first information report dated 30.04.2016 registered as Case Crime No. 78 of 2016, under Sections 2/3 of the Uttar Pradesh Gangsters & Anti Social Activities (Prevention) Act, 1986 at Police Station Prem Nagar, Dehradun.” 2. Heard learned counsel for the petitioner, 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 petitioner that in all the case shown in the gang-chart against the petitioner, on the basis of which, he has been implicated under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, the petitioner has been granted bail. 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 petitioner. 6. Petitioner is directed to contact the Investigating Officer of the case on 02.03.2017, and on such subsequent dates as may be instructed by him (I.O.) for interrogation and investigation. 7. 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 petitioner. 6. Petitioner is directed to contact the Investigating Officer of the case on 02.03.2017, 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. 9. Let a copy of this Order be supplied to the learned counsel for the petitioner today itself on payment of usual charges.