Umesh Yadav and another vs State of Uttarakhand and others

By means of present writ petition, the petitioner prays for the following relief, among others:

"Issue a writ, order or direction in the nature of certiorari to quash the FIR dated 09.08.2016 in respect to the petitioners, lodged by the informant in FIR No. 396/2016, under Sections 379, 411, 413, 414 IPC 41, 102 CR.P.C. PS Rudrapur, Udham Singh Nagar."

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.

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

It is provided that the petitioners should be arrested only when the Investigating Officer has reason to believe, on the basis of the 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 11.10.2017, 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.

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.