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Nitin Kumar Chaudhary @ Shekhar vs State Of Uttarakhand & Others on 23 July, 2014

Uttaranchal High Court Nitin Kumar Chaudhary @ Shekhar vs State Of Uttarakhand & Others on 23 July, 2014

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL      

Writ Petition Criminal No. 836 of 2014

Nitin Kumar Chaudhary @ Shekhar ……………. Petitioner

versus

State of Uttarakhand & others …………….Respondents

Mr. Ramji Srivastava, Advocate for the petitioner. Mr. Raman Kumar Shah, Dy. Advocate General assisted by Mr. K.S. Rawal, Brief Holder for the State / respondent nos. 1 and 2.

U.C. Dhyani, J.(Oral)

The petitioner is husband of respondent no. 3, who lodged an FIR against the petitioner on 11.07.2014, at police station, Raipur, District Dehradun for the offences punishable under Sections 498A, 323, 506 of IPC and Section ¾ of the Dowry Prohibition Act.

Issue notice to respondent no. 3. Steps be taken within a week. List after the notice is served upon the said respondent.

Respondent nos. 1 and 2 may also file their counter affidavits in the meanwhile.

Learned counsel for the petitioner submitted that some kind of interim protection from arrest be given to the petitioner. Learned counsel placed a copy of the judgment rendered by Hon’ble Supreme Court on July 2, 2014, in Criminal Appeal No. 1277 of 2014, 2

captioned as Arnesh Kumar vs State of Bihar and another.

This Court has carefully considered the judgment cited by learned counsel for the petitioner. It is provided that the petitioner-husband 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.

Misc. Application no. 7807 of 2014, accordingly, stands disposed of.

(U.C. Dhyani, J.)

Dt. July 23, 2014.

Negi

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