Baby Shahnaz and others vs State of Uttarakhand and others

By means of present writ petition, the petitioner prays for the following reliefs, among others:

"(i) Issue a writ order or direction in the nature of certiorari to quash the FIR dated 12.05.2017 lodged by the res. No. 3, PS- Jaspur as FIR No. 117 of 2017, for the offences punishable u/s 186, 353, 332, 507 & 506 of IPC P.S-Jaspur, District Udham Singh Nagar.

(ii) Issue a writ or direction in the nature of mandamus commanding and directing to the respondent no. 2 not to arrest the petitioners in pursuance to FIR No. 117 of 2017. "

Heard learned counsel for the petitioner and learned counsel for the State, perused the documents brought on record and considered the grounds taken up in the writ petition.

Considering the facts of the case, this Court proposes to pass the following order, in the interest of justice.

It is provided that the petitioner should be arrested only when the Investigating Officer has reason to believe, on the basis of the 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 ipse 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.

Needless to say that the Investigating Officer of the case shall abide by the aforesaid directions of Hon''ble Apex Court, before affecting the arrest, if any, of the petitioner.

Petitioner is directed to contact the Investigating Officer of the case on 26.05.2017, and on such subsequent dates as may be instructed by him (I.O.) for interrogation and investigation.

When the investigation of the case will be conducted, it will either culminate into filing of the charge-sheet or submission of final report. This Court has no occasion to interfere in the investigation in between.

Therefore, it will be of no use keeping the present criminal writ petition pending. Criminal Writ Petition is, accordingly, disposed of at the admission stage itself, with the consent of learned counsel for the parties, who are present.

Since, present criminal writ petition is being decided in the absence of the respondent no. 3, therefore, liberty is granted to her to move for recall of this order, if she feels aggrieved with the same.