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2017 DIGILAW 51 (UTT)

DEEDAR SINGH v. STATE OF UTTARAKHAND

2017-01-12

U.C.DHYANI

body2017
JUDGMENT U.C. Dhyani, J. (Oral) 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 to call for the record and quash the impugned FIR No. 105 of 2016 dated 02.04.2016, under Sections 379, 411of IPC, Section 26 Forest Act, 4/57 of the Mingling Act, Section 23 C of Uttarakhand Minor Minerals (prevention of Illegal Mining, Transportation & Storage) Rules registered at Police Station Bazpur, District Udham Singh Nagar at the case crime no. 16 of 2016. (b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in FIR No. 105 of 2016 dated 02.04.2016, under Sections 379, 411of IPC, Section 26 Forest Act, 4/57 of the Mingling Act, Section 23 C of Uttarakhand Minor Minerals (prevention of Illegal Mining, Transportation & Storage) Rules registered at Police Station Bazpur, District Udham Singh Nagar at the case crime no. 16 of 2016. ” 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. The allegation against the petitioners is that they were indulged in illegal storage of mines and minerals. It is the submission of learned counsel for the petitioners that the petitioners are simply farmers and they have nothing to do with the alleged activities. The report has been lodged by Khanij Moharrir. It is further submitted that the petitioner has no previous criminal history. 4. In view of the judgment rendered by Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 Supreme Court Cases 273, 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. 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 petitioners. 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.