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2020 DIGILAW 332 (UTT)

Roshan Singh v. State Of Uttarakhand

2020-09-04

RAVINDRA MAITHANI

body2020
JUDGMENT Ravindra Maithani, J. - In the instant writ petition under Article 226 of the Constitution of India, petitioners seek quashing of FIR No. 206 of 2020, under Sections 323, 325, 504 and 506 IPC, Police Station Khatima, District Udham Singh. 2. Heard learned counsel for the parties through video conferencing. 3. According to the FIR, on 29.08.2020, at 11:00 in the morning, the petitioner attacked the informant with a sword, which hit the informant in his hand and his finger was injured. 4. Learned counsel for the petitioner would submit that it is a case of simple injury, which is caused on a finger and only because of it, Section 325 IPC has been added. The case is squarely covered by the directions in the case of Arnesh Kumar Vs. State of Bihar and another, (2014) 8 SCC 273 . 5. This is a petition under Article 226 of the Constitution of India for quashing of an FIR. In the instant case, the FIR discloses commission of cognizable offences. There are specific averments in the FIR, therefore, no interference, as such, is warranted in this petition. 6. It is apprehended that the petitioner may be arrested without following the guidelines, laid down in the case of Arnesh Kumar (supra). Therefore, it is argued that a direction may be issued that the petitioner may not be arrested in a routine and mechanical manner. 7. Needless to say, arrest is not a mechanical act of the Investigating Officer. First and foremost, he has to ascertain the complicity of a person in the offence and thereafter, to weigh in his mind the need for arresting. This Court has no doubt that the Investigating Officer, in the instant case, shall also follow the law on the subject of arrest, if any occasion to arrest arises in the instant case. 8. With the above observations, the instant writ petition stands disposed of.