SAURABH SHARMA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner prays for the following reliefs, among others:

(2.) Heard learned counsel for the petitioner, learned counsel for the State, 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.