Harish Panchwal and another vs State of Uttarakhand and others

By means of present writ petition, the petitioners seek the following reliefs, among others: ""Issue a writ, order or direction in the nature of

certiorari calling for the records and quashing the first information report dated 05.02.2018 (annexure-1), lodged by the respondent no.3, on the

basis of which, a case crime no. 41 of 2018, under Sections 417 and 420 IPC was registered at PS Raipur, District Dehradun.

Heard learned counsel for the petitioners, learned counsel for the State, perused the documents brought on record and considered the grounds

taken up in the writ petition.

It is the submission of learned counsel for the applicant that instead of filing complaint under Section 138 of the Negotiable Instruments Act, an

FIR has been lodged against the petitioner under Section 420 & 417 IPC.

Without commenting upon the merits of the case, this Court proposes to pass the following order, in the interest of justice.

In view of the judgment rendered by Hon''ble Apex Court in Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 Supreme

Court Cases 273, the petitioners should be arrested only when the Investigating Officer has reason to believe, on the basis of information and

material collected, that they have 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 petitioners 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 petitioners.

Petitioners are directed to contact the Investigating Officer of the case on 16.02.2018, and on such subsequent dates as may be instructed by

him (I.O.) for interrogation and investigations.

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.

Unless an extraordinary case of gross abuse of pow er is made out by that in-charge of investigation, the court should be quite loath to interfere

at the stage of investigation, a field of activity reserved for Police and Executive. {State of Bihar and another vs. J.A.C. Saldanha and others, 1980

SCC (Crl .) 272}. 10. 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.

The Court does not feel it necessary to issue notice to the private respondent, yet opportunity of hearing shall be granted to him if he

approaches the Court on his own, either in person or through counsel, and if he feels aggrieved with this Order, which is purely based upon

statutory foundation. [Vishnu Agarwal vs. State of Uttar Pradesh and another, (2011) 14 SCC 813 and Asit Kumar Kar vs. State of West

Bengal, (2009) 2 SCC 703.]

Urgency application also stands disposed of.