MOHAMMAD ARIF vs STATE OF UTTARAKHAND AND OTHERS

Sudhanshu Dhulia, J

Mr. Abhishek Verma, Advocate present for the petitioner.

Mr. S.K. Chaudhary, Deputy Advocate General, 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.41 of 2018 and FIR No.222 of

2018, under Sections 452, 504 & 506 of IPC, at Police Station- Bansfodan, Kashipur, District- Udham Singh Nagar implicating the present petitioner.

Apprehending his arrest, the petitioner has 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 these offences

is 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 petitioner in the investigation, but as far as the arrest of the petitioner is 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.Â

It is further made clear that this order shall remain operative till the filing of charge sheet, in case of that event.