Mandeep Kaur vs State Of Uttarakhand And Others

Ravindra Maithani, J

Instant writ petition has been filed by the petitioner seeking quashing of an FIR No. 170 of 2020, under Sections 147, 307, 354 and 452 IPC, Police

Station Doiwala, District Dehradun.

According to the FIR, on 27.06.2020, petitioner alongwith other co-accused armed with sword, danda enter the house of the informant and attacked

the informant and his family members with sword and laathi, danda. They misbehaved also, due to which, many persons were injured. According to

the FIR some persons intervened and saved the informant, but while leaving the petitioner and co-accused threatened the informant and his family

members.

Learned counsel for the petitioner would submit that there are no specific allegations against the petitioner in the FIR, she is a woman having a

small child; some of the accused, are arrested and granted bail. Learned counsel for the petitioner would further submit that, she apprehends that she

would be arrested in a mechanical manner.

Whatever arguments have been raised, they relate to factual aspects of the matter. FIR is categorical that it is the petitioner and co-accused, who

assaulted the informant and his family members with swords and laathi, danda, which resulted in the injuries to many, therefore, there is no reason to

make any interference.

Apprehension has been raised that the petitioner may be arrested without investigating her role.

Arrest is not a mechanical and routine act. First of all, the Investigation Officer has to ascertain the complicity of an offender and thereafter to

consider the necessity of arrest. This Court has no doubt that the Investigation Officer, in the instant case shall follow all the statutory provisions and

guidelines with regard to arrest, if such an occasion arises in the instant case.

With the above observation, the writ petition stands disposed of.