Mohd Sahzad And Another vs State Of Uttarakhand And Others

Ravindra Maithani, J

The challenge in this petition is made to the Case Crime No. 78 of 2022, under Sections 420, 323, 504, 506 IPC, Police Station Kotwali Jwalapur,

District Haridwar.

Heard learned counsel for the parties through video conferencing and perused the record.

Learned counsel for the petitioner would submit that the case is fully covered by the judgment in the case of Arnesh Kumar vs. State of Bihar and

another (2014) 8 SCC 273.

It is argued that the petition may be disposed of with the direction to Investigating Officer that he shall follow the directions of Hon’ble Supreme

Court in the case of Arnesh Kumar (supra) during the course of the investigation of the case.

In the case of Arnesh Kumar (supra), the Hon’ble Supreme Court issued various direction with regard to arrest and remand of an accused.

Even otherwise also, arrest is not a routine and mechanical act of the IO. The IO is first to satisfy that some offence has been committed and

thereafter, to satisfy that arrest is required, for further investigation of the matter.

This Court has no doubt that the IO shall follow the directions of the Hon’ble Supreme Court while investigating the instant case.

With these observations, the writ petition stands disposed of.