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Judgment
11 paragraphs · 237 wordsA first information report has been lodged by respondent no. 3 against the present petitioners which has been registered as Case Crime No.
283 of 2017 under Sections 420 and 506 of IPC, at Police Station Bahadrabad, District Haridwar. Apprehending their arrest, the petitioners have
approached this Court for relief.
Considering the overall facts and circumstances of the case as well as the nature of offence and since the maximum punishment in the above
offences is not more than seven years, and on consideration of the fact that this Court had already considered and disposed of the matter of
another co-accused in the light of decision given by the Hon''ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar & another, reported
in (2014) 8 SCC 273, the present writ petition also 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 is concerned, the
same may be done only under the parameters as framed under Section 41 and Section 41A of CrPC as well as following the guidelines given by
the Hon''ble Apex Court in the case of Arnesh Kumar (supra).
It is further made clear that this order shall remain operative till the filing of charge-sheet, in case of that event.