ASHRAF ALI Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) By means of present criminal writ petition, the petitioner seeks a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 26.04.2016, registered as crime no. 92 of 2016, under Sections 498A, 323, 504 IPC and Section ¾ of the Dowry Prohibition Act, relating to Police Station, Vikasnagar, District Dehradun. A further writ has been sought directing respondent nos. 1 and 2 not to arrest the petitioner in pursuance to the aforesaid FIR.

(2.) Heard learned counsel for the parties, perused the documents brought on record and considered the grounds taken up in the writ petition.

(3.) In view of the judgment rendered by Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar and another, 2014 8 SCC 273, the petitioner 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 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.