The main legal point established is that the petitioner should 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, as per the judgment in Arnesh Kumar vs. State of Bihar and another (2014) 8 Supreme Court Cases 273.

U.C. Dhyani, J.

By means of present writ petition, the petitioner prays for the following reliefs, among others:

“(a) Issue a writ, order or direction in the nature of certiorari quashing the FIR dated 22.01.2017 registered as Case Crime No. 28 of 2017, under Sections 498-A IPC at Police Station Raiwala, District Dehradun.

(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents 2 not to arrest and not to harass the petitioner Case Crime No. 28 of 2017, under Sections 498-A IPC at Police Station Raiwala, District Dehradun.”

2. Heard learned counsel for the petitioner, learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition.

3. Petitioner is husband of respondent no.3, who has lodged an FIR against the petitioner for the offence punishable under Section 498-A IPC only. A petition under Section 9 of the Hindu Marriage Act is already pending adjudication before the Additional Family Judge, Rishikesh.

4. In view 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, 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 petitioner.

6. Petitioner is directed to contact the Investigating Officer of the case on 15.03.2017, 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 her to move for recall of this Order, if she feels aggrieved with the same.