Vacation Judge disposed of the writ petition seeking quash of FIR in a cheating case at the admission stage by directing the petitioner to contact the Investigating Officer.
Petitioner directed to contact Investigating Officer by 07.02.2020; pending applications disposed of.
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WPCRL No.147 of 2020 Hon’ble R.C. Khulbe, J.
Mr. M.K. Ray, learned Advocate for the petitioner.
Mr. J.S. Virk, learned A.G.A. along with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State.
Heard learned counsel for the parties.
By means of present writ petition, petitioner seeks to quash impugned FIR dated 13.01.2020 and F.I.R. No. 22 of 2020, under Section 420 of IPC, registered at Police Station Rudrapur, District Udham Singh Nagar.
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 07.02.2020.
Criminal writ petition is summarily disposed of with the direction as above.
All pending applications also stand disposed of.
(R.C. Khulbe, J.) Vacation Judge 22.01.2020
Nahid
2 issues framed by the court
Whether to quash F.I.R. under Section 420 of IPC registered at Police Station Rudrapur.
Whether to direct discharge of pending applications.
Colour shows how this judgement treated each authority
Arnesh Kumar vs. State of BiharRelied on¶7
(2014) 8 SCC 273 · Who else cites this
Petitioner
State
R.C. Khulbe
As recorded by the court registry
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