Shipra Paliwal vs State Of Uttarakhand And Others

Sanjaya Kumar Mishra, J

Heard the learned counsel for the petitioner and the learned Deputy Advocate General for the State.

The learned counsel for the petitioner has not pressed the first prayer made in the prayer clause of the writ petition.

By means of second prayer, the learned counsel for the petitioner prays for order or direction in the nature of mandamus commanding the

respondents not to arrest the petitioner in connection with impugned FIR No. 0732 / 2021 dated 24.12.2021, under Section 323 and 504 of the Indian

Penal Code, 1860, and Section 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act, 2015, lodged at P.S. Kotwali Jwalapur, District

Haridwar.

The learned counsel for the petitioner drew attention of this Court to the order passed by a coordinate Bench of this Court on 28.07.2021, in Writ

Petition (Criminal) No. 1263 of 2021, wherein this Court placing reliance on the judgment rendered by the Hon’ble Supreme Court in the case of

Arnesh Kumar Vs State of Bihar and another, reported in (2014) 8 SCC 273, has held that the petitioner should be arrested only when the

Investigating Officer has reason to believe, on the basis of information and material collected, that the accused 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 the Code of Criminal Procedure, 1973. Such arrest is not to be made in a routine way, and the Investigating

Officer has to follow certain guidelines.

In that view of the matter, the present writ petition (criminal) is disposed of with the direction that the respondent nos. 2 and 3 before arresting the

petitioner shall comply the mandatory provisions of Sub-Clauses (a) to (e) of Clause (1) of Section 41 of the Code of Criminal Procedure, 1973. The

respondent nos. 2 and 3 shall satisfy themselves that the arrest is necessary for one or more purposes envisaged by Sub-Clauses (a) to (e) of Clause

(1) of Section 41 of the Code, and only thereafter the arrest should be made. The petitioner is directed to cooperate with the investigation of the case,

and shall appear before the Investigating Officer on or before 14.01.2022.

With the directions as above, present Writ Petition (Criminal) stands disposed of.

Urgent certified copy of this order be granted to the learned counsel for the parties, as per rules.