WPCRL/216/2015 of Smt. Neelam AND ANOTHER Vs State Of Uttarakhand AND OTHERS
Parties
- Hon’ble Apex Court on 2[nd] July, 2015 in Criminal Appeal No. 1277 of 2014, captained as Arnesh Kumar (PETITIONER)
- U.C.Dhyani, J (RESPONDENT)
Cites (0 resolved of 1 detected)
1 case citation detected in this judgment's own text, but none resolved to a judgment page in this build yet.
Statutes cited (2)
- constitution of india, article-226 (1950)
- constitution of india (1950)
Full text
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WPCRL No. 216 of 2015
Hon’ble U.C.Dhyani, J.
Mr. Lokendra Dobhal, Advocate, present
for the writ petitioners.
Mr. Raman Kumar Sah, learned Deputy
Advocate General, assisted by Mr. K.S.Rawal, Brief Holder, present for the State.
Mr. Karan Anand, Advocate, present for the respondent no. 3.
By means of present writ petition, the
writ petitioners seek to quash the FIR dated 09. 02.2015, being Case Crime No. 40 of 2015 (Silsila No. 14/15), under Sections 120-B, 420, 466, 467, 468 and 471 of IPC.
Heard learned counsel for the parties and
perused the documents brought on record.
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 on 2[nd] July, 2015 in Criminal Appeal No. 1277 of 2014, captained as Arnesh Kumar vs. State of Bihar and another, the petitioners should be arrested only when the Investigating Officer has reason to believe, on the basis of information and material collected, that they have 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 petitioners 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.
Criminal Writ Petition is summarily disposed of with the direction as above.
(U.C.Dhyani, J.)
02.03.2015