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Judgment
13 paragraphs · 237 wordsSUDHANSHU DHULIA, J. (ORAL)
Mr. Mohd. Safdar, Advocate, present for the petitioners.
Ms. Manisha Rana Singh, Brief Holder, present for the State/respondent Nos. 1 & 2.
The First Information Report has been lodged by respondent No. 3, which has been registered as Case Crime No.728 of 2018, under Sections 147,
149, 452, 354, 323, 504, 506 and 427 of IPC, at Police Station- Laksar, District-Haridwar implicating the present petitioners. Apprehending their arrest,
the petitioners have approached this Court for relief.
Considering the facts and circumstances of the case as well as the nature of offence and since the maximum punishment in these offences are
seven years or less, a limited interference is called for in the matter.
The writ petition stands disposed with the direction to the police authorities to proceed with the investigation in accordance with law, subject to the
full cooperation of the petitioners in the investigation, but as far as the arrest of the petitioners are concerned, the same may be done only under the
parameters as framed under Section 41 and Section 41A of Cr.P.C. as well as following the guidelines given by the Hon’ble Apex Court in the
case of Arnesh Kumar Vs. State of Bihar & another, reported in (2014) 8 SCC 273.
It is further made clear that this order shall remain operative till the filing of charge sheet, in case of that event.