NAVNEET JAIN Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) A first information report has been lodged by the respondent no. 3 against the petitioner which has been registered as Case Crime No. 144 of 2016 under Sections 420/120B/323/504/506/508/384 of IPC read with Section 5/7 of Drugs and Magic Remedies (Objectionable Advertisement) Act at Police Station Doiwala, District Dehradun. Apprehending his arrest, petitioner has approached this Court for relief.

(2.) Considering the facts and circumstances of the case as well as the nature of the offence and the fact that co-accused has already been granted protection by this Court vide order dated 20.06.2016 in WPCRL No. 764 of 2016 and since the maximum punishment in these offences is seven years or less, a limited interference is called for in the matter.

(3.) 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, 2014 8 SCC 273.