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2017 DIGILAW 99 (UTT)

BHAGWAN DAS 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 impugned FIR dated 25.10.2016 registered as Case Crime No. 45 of 2016 & FIR No. 183 of 2016, under Sections 323, 504, 506 and 452 of IPC at R.O.P. Paiga PS ITI, Kashipur, District Udham Singh Nagar lodged by the respondent no. 3 as against the petitioner. . (b) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 not to arrest the petitioner in pursuance of the FIR FIR dated 25.10.2016 registered as Case Crime No. 45 of 2016 & FIR No. 183 of 2016, under Sections 323, 504, 506 and 452 of IPC at R.O.P. Paiga PS ITI, Kashipur, District Udham Singh Nagar lodged by the respondent no. 3.” 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. It is the submission of learned counsel for the petitioners that the petitioners are entitled for protection in the line 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. 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 petitioners. 6. Petitioners are directed to contact the Investigating Officer of the case on 21.02.2017, 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 petitioners. 6. Petitioners are directed to contact the Investigating Officer of the case on 21.02.2017, 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, 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.