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Judgment
Umesh Chandra Dhyani, J.
A first information report was lodged by the respondent No. 3 against the petitioner for the offences punishable under Sections 406 and 420 of IPC. Heard learned counsel for the petitioner, learned counsel for the respondents and perused the documents brought on record.
Criminal Writ Petition is being disposed of at the admission stage itself with the consent of learned counsel for the parties.
Considering the facts of the case as narrated in the first information report and the grounds taken up in the criminal writ petition, it is provided that 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. The petitioner is directed to approach the investigating officer of the case for interrogation/investigation on 10th March, 2015.