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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
N.S. DHANIK, J.
Rakesh Kumar - Appellant
Versus
State of Uttarakhand - Respondent
W.P. Crl. No. 795 of 2021
Decided On : 20-05-2021
Criminal Procedure Code, 1973, Secs. 41(1)(a-e) and 482 – FIR – Writ of certiorari – To quash the FIR – Lodged against petitioner – Arrest of petitioner will be only when the Investigating Officer has reason to believe on the basis of information and material collected – Satisfaction in this regard is necessary – When conditions stipulated in sub-clauses (a) to (e) of Clause (1) of Sec. 41, Cr.P.C. complied – Writ petition disposed of. (Paras 3 to 5)
n.M izfØ;k lafgrk] 1973] /kkjk 41(1)(a-e) ,oa 482 & izFke lwpuk fjiksVZ & mRizs"k.k dh ;kfpdk & izFke lwpuk fjiksVZ vfHk[kf.Mr djus ds fy, & ;kfpdkdÙkkZ ds fo#) ntZ djkbZ xbZ & fxj¶rkjh & ;kfpdkdÙkkZ dh fxj¶rkjh rHkh gksxh] tc vUos"k.k djus okys vfèkdkjh ds ikl lwpuk vkSj ,d= dh xbZ lkexzh ds vk/kkj ij fo'okl djus dk dkj.k gS & bl lEcU/k esa lUrqf"V vko';d gS & tc /kkjk 41 n.M izfØ;k lafgrk ds [k.M ¼1½ ds mi[k.M ¼d½ ls ¼³½ esa fofgr dh xbZ 'krks± dk vuqikyu fd;k x;k gks & fjV ;kfpdk fuLrkfjrA ¼izLrj 3 ls 5½
ORDER :
1. 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.
2. The writ petition is disposed of at the admission stage itself with the consent of learned counsel for the parties.
3. In view of the judgment rendered by Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar and Another, (2014) 8 SCC 273, the petitioners 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 on when the conditions stipulated in Sub-Clauses (a) to (e) of Clause (1) of Section 41 of Cr.P.C. are satisfied.
4. Petitioner is directed to contact the Investigating Officer on or before 28.05.2021.
5. Criminal Writ Petition is summarily disposed of with the direction as above.
6. Pending application also stands disposed of.
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