Sandeep Kumar vs Senior Superintendent Of Police And Others

Ravindra Maithani, J

The instant writ petition under Article 226 of the Constitution of India has been filed for quashing the impugned FIR No. 31 of 2019, dated 07.05.2019, under Section 379 I.P.C. P.S. Jhankaiya, Tehsil Khatima, District Udham Singh Nagar as well as for the stay of his arrest.

According to the FIR, on 19.04.2019 at 4.00 P.M., when the first informant has parked his vehicle near the house of his friend, it was stolen. The FIR is lodged against unknown person.

Heard learned counsel for the parties and perused the record.

Learned counsel for the State submits that during investigation a co-accused Deepak Kumar was arrested who revealed that the stolen motorcycle is with the petitioner. When the Police team raided the house of the petitioner, the stolen motorcycle though recovered, the petitioner successfully ran away from his house.

Learned counsel for the petitioner would argue that it is a case of theft. The petitioner apprehends that he may be arrested in a routine and mechanical manner without following the guideline of Hon'ble Supreme Court, in the case of Arnesh Kumar Vs. State of Bihar and another, (2014) 8 SCC 273.

Perusal of the FIR definitely discloses commission of cognizable offence. What is stated and what is on record makes the Court to opine that there is no reason which may warrant interference and the writ petition deserves to the dismissed.

In the case of Arnesh Kumar (supra), while interpreting and making reference to the various provisions of the Code of Criminal Procedure, 1973, pertaining to arrest and production of the accused before the Magistrate, the Hon'ble Court observed as under:-

"11. Our endeavour in this judgment is to ensure that police officers do not arrest the accused unnecessarily and Magistrate do not authorise detention casually and mechanically............"

Thereafter, from paragraph no. 11.2 to 11.8, Hon'ble Court, in the case of Arnesh Kumar (supra) issued directions to the Police Officers authorized to make arrest as well as to the Magistrate authorized to order of detention of the accused.

Needless to say, Investigating Officer shall abide by the directions issued in the case of Arnesh Kumar (supra) before effecting arrest of the petitioner. The Senior Superintendent of Police, District - Udham Singh Nagar shall ensure it.

Accordingly, with above observations, the writ petition is dismissed.