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2017 DIGILAW 46 (UTT)

Aizaz v. State of Uttarakhand

2017-01-12

U.C.DHYANI

body2017
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, the petitioners pray for the following relief, among others: “(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 05.01.2017, registered as FIR No. 07 of 2017, under Sections 147, 148, 149, 307, 504 and 506 of IPC, PS Pulbhatta, District Udham Singh Nagar. (b) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in FIR dated 05.01.2017, registered as FIR No. 07 of 2017, under Sections 147, 148, 149, 307, 504 and 506 of IPC, PS Pulbhatta, District Udham Singh Nagar.” 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 it is a no injury case, in which, admittedly none sustained any injury. According the FIR, a country made pistol was allegedly recovered from the possession of Mohd. Ali Kamran not by the Police, by the victim/respondent no.3 and his companions. Submission of learned counsel for the petitioner is also that there is a dispute regarding the property between the parties and a civil suit is pending adjudication between them. 4. The petitioner should be arrested only when the Investigating Officer has reason to believe, on the basis of information and material collected, that he has 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. Petitioners are 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. 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. Petitioners are 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. 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 petitioners today itself on payment of usual charges.