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2017 DIGILAW 75 (UTT)

Bhanu Pratap v. State of Uttarakhand

2017-01-30

U.C.DHYANI

body2017
JUDGMENT : U.C. Dhyani, J. By means of present writ petition, the petitioners seek the following reliefs, among others: “Issue an appropriate order or direction granting some suitable time to petitioner as deem fit by this Hon’ble Court to surrender before the court below pursuant to Case Crime No. 231 of 2016 under Section 406 I.P.C. P.S Nehru Colony Dehradun, District Dehradun for moving bail application and further to issue appropriate direction not to take any coercive measures against petitioner till the disposal of the bail application by the court below.” 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 obtained loan from the respondent no.3/bank and mortgaged a piece of land in favour of the respondent no.3./bank, but did not repay the same. Learned counsel for the petitioners submitted that the petitioners are ready to cooperate with the investigating agency during interrogation and investigation. 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 petitioners. 6. Petitioners are directed to contact the Investigating Officer of the case on 06.02.2017, 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. 9. 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. 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. Urgency Application being IA No. 497 of 2017 and Stay Application No. 824 of 2017 stand disposed of.