WPCRL/2229/2020 of KAILASH SINGH ALIAS LOKESH Vs STATE OF UTTARAKHAND on 31 December 2020

Conclusion

WPCRL No. 2229 of 2020

Hon’ble N.S. Dhanik, J.(Via Video Conferencing) Mr. Abhishek Verma, learned counsel for the petitioner.

Mrs. Manisha Rana Singh, learned A.G.A. along with Mr. Balvinder Singh and Mrs. Meena Bisht, learned Brief Holders for the State.

This writ petition is filed seeking for a writ of certiorari to quash the FIR lodged against the petitioner, details whereof are given in the prayer clause.

The writ petition is being disposed

of at the admission stage itself with the consent of learned counsel for the parties.

In view of the judgment rendered by Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273, 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 ipsi 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. Petitioner is directed to contact the Investigating Officer on or before 08.01.2021.

Criminal writ petition is summarily disposed of with the direction as above.

All pending applications also stand disposed of.

(N.S. Dhanik, J.)

31.12.2020