WPCRL/242/2022 of MOHD SAHZAD Vs STATE OF UTTARAKHAND
Parties
- Mohd Sahzad and another (PETITIONER)
- State of Uttarakhand and others (RESPONDENT)
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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (Criminal) No. 242 of 2022
Mohd Sahzad and another
……..…..Petitioners
Versus
State of Uttarakhand and others
…….…Respondents
Present:-
Mr. Mohd. Safdar, Advocate for the petitioners. Mr. Pratiroop Pandey, A.G.A for the State of Uttarakhand.
JUDGMENT
Hon’ble Ravindra Maithani, J.(Oral)
The challenge in this petition is made to the Case Crime No. 78 of 2022, under Sections 420, 323, 504, 506 IPC, Police Station Kotwali Jwalapur, District Haridwar.
2. Heard learned counsel for the parties through video conferencing and perused the record.
3. Learned counsel for the petitioner would submit that the case is fully covered by the judgment in the case of Arnesh Kumar vs. State of Bihar and another (2014) 8 SCC 273.
4. It is argued that the petition may be disposed of with the direction to Investigating Officer that he shall follow the directions of Hon’ble Supreme Court in the case
of Arnesh Kumar (supra) during the course of the investigation of the case.
5. In the case of Arnesh Kumar (supra), the Hon’ble Supreme Court issued various direction with regard to arrest and remand of an accused.
6. Even otherwise also, arrest is not routine and mechanical act of the IO. The IO is first to satisfy that some offence has been committed and thereafter, to satisfy that arrest is required, for further investigation of the matter.
7. This Court has no doubt that the IO shall follow the directions of the Hon’ble Supreme Court while investigating the instant case.
8. With these observations, the writ petition stands disposed of.
Sanjay
(Ravindra Maithani, J.)
Vacation Judge10.02.2022