SUNITA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A first information report was lodged against the petitioners for the offences punishable under sections 498 -A, 323, 504 and 506 of IPC and section 3/4 of the Dowry Prohibition Act. Whereas the petitioner No. 7 is the husband of respondent No. 3, the others are family members/relatives of the petitioner No. 7. Issue notice to the respondent No. 3. Steps be taken within a week. List after the notice is served upon the respondent No. 3.

(2.) IT is provided, as an interim measure, that during the course of interrogation and investigation, no coercive measures shall be taken against the petitioners No. 1 to 6, provided they cooperate with the investigating agency.

(3.) THIS Court has carefully considered the judgment cited by learned Counsel for the petitioners. It is provided that the petitioner No. 7 -husband should be arrested only when the Investigating Officer has reason to believe, on the basis of information and material collected, that he has 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 petitioner No. 7 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. Misc. Application No. 8487 of 2014 stands disposed of.