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2017 DIGILAW 171 (UTT)

Hitesh Bhatnagar v. State of Uttarakhand

2017-03-09

U.C.DHYANI

body2017
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 or direction in the nature of certiorari quashing the impugned FIR dated 05.03.2017 registered as FIR No. 105 of 2017, under Sections 379, 411 of IPC & 26 of the Indian Forest Act, 1927 at Police Station Bazpur, District Udham Singh Nagar as against the petitioner.” 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. An FIR was lodged against the accused persons including the petitioners alleging therein that they were involved in theft of forest wood. It is the submission of learned counsel for the petitioners that the petitioners have no concern. They are neither the owner of the vehicle nor driver of the vehicle which was seized by the police party. 4. Considering the facts of the case, this Court considers it fit to pass the following order. 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. 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, if any, of the petitioners. 7. Petitioners are directed to contact the Investigating Officer of the case on 16.03.2017, 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. 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.