Research › Search › Judgment

Uttarakhand High Court · body

2017 DIGILAW 98 (UTT)

NEELAM v. STATE OF UTTARAKHAND

2017-02-14

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 quashing the FIR dated 09.02.2015 in Case Crime No. 40 of 2015 (Silsila No. 14/15), u/S 120-B, 420,466, 467, 468 and 471 IPC, registered at Police Station Sahaspur, Sub District Vikas Nagar, District Dehradun (Annexure No. 13) to the writ petition. (b) Issue writ, order or direction in the nature of mandamus commanding the respondent no. 2 not to arrest the petitioners in pursuance of the FIR dated 09.02.2015 in Case Crime No. 40 of 2015 (Silsila No. 14/15), u/S 120-B, 420,466, 467, 468 and 471 IPC, registered at Police Station Sahaspur, Sub District Vikas Nagar, District Dehradun (Annexure No. 13) to the writ petition.” 2. This is the 2nd writ petition filed by the petitioners. 1st writ petition has already been decided by this Court. Grievance of learned counsel for the petitioners is that the petitioners are continuously appearing before the Investigating Officer concerned and he is adamant to arrest the petitioners. 3. Vide order dated 02.03.2015, this Court has not directed that the petitioners should never be arrested. The Court has only directed as under: “In view of the judgment rendered by Hon’ble Apex Court on 2nd July, 2015 in Criminal Appeal No. 1277 of 2014, captained as Arnesh Kumar vs. State of Bihar and another, 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. Criminal Writ Petition is summarily disposed of with the direction as above” 4. Second Writ Petition thus stands disposed of with the aforesaid observations.