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2017 DIGILAW 45 (UTT)

Vikas Jain v. State of Uttarakhand

2017-01-12

U.C.DHYANI

body2017
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, the petitioner seeks the following reliefs, among others: “Issue a writ of or order in the nature of certiorari calling for the records and quashing the FIR dated 23.08.2016 (Annexure No. 1), lodged by the respondent no. 3, on the basis of which, a case crime no. 59 of 2016, under Sections 380, 457, 406, 420, 420, 467, 468, 471, 120B IPC and Section 3 (v) of the SC/ST Act, registered before Police Station Srinagar, District Pauri Gahrwal.” 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 the petitioner is not named in the FIR. The allegations have been levelled against one Rishiraj Tomar. From perusal of the FIR it appears that the same has been lodged on the basis of some information received by the reporter from someone and only on the basis of stipulation that the alleged offence might be committed by the named accused. 4. 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 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. 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 19.01.2017, 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. 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, who are present. 9. In the given facts and circumstances of the present writ petition, this Court does not feel it necessary to issue notice to the private respondent. Still, liberty is granted to him to move for recall of this Order, if he feels aggrieved with the same. 10. Let a copy of this Order be supplied to the learned counsel for the petitioner today itself on payment of usual charges.