Ajeet Singh Vikkarwal @ Ajeet Kumar vs State Of Uttarakhand And Others

Ravindra Maithani, J

The challenge in this petition is made to the FIR No. 0078 of 2022, under Sections 420, 323, 504 and 506 IPC, Police Station Kotwali Jwalapur,

District Haridwar.

Heard learned counsel for the parties through video conferencing.

According to the F.I.R., petitioner was sold a plot which was not in the name of the vendor. Money was taken from the informant. There are

specific allegations against the petitioner as to how he took money from the informant.

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.

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.

In the case of Arnesh Kumar (supra), the Hon’ble Supreme Court issued various direction with regard to arrest and remand of an accused.

Even otherwise also, arrest is not a routine and mechanical act of the IO. The IO is first to satisfy that some offence is being committed and

thereafter, to satisfy that arrest is required, for further investigation of the matter. In the cases like instant one, the Hon’ble Supreme Court has

categorically laid down directions in the case of Arnesh Kumar (supra).

This Court has no doubt that the IO shall follow the directions of the Hon’ble Supreme Court while investigating the instant case.

With these observations, the writ petition stands disposed of.