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Shivam Kandwal And Two Others vs State Of Uttarakhand And Others on 6 August, 2014

Uttaranchal High Court Shivam Kandwal And Two Others vs State Of Uttarakhand And Others on 6 August, 2014

IN THE HIGH COURT OF UTTARAKHAND AT

NAINITAL

Criminal Writ Petition No. 916 of 2014

Shivam Kandwal and two others ………….. Petitioners

versus

State of Uttarakhand and others ………… Respondents

Mr. Karan Anand, Advocate, present for the writ petitioners. Mr. Raman Kumar Shah, learned Deputy Advocate General, assisted by Mr. K.S.Rawal, Brief Holder, present for the State/respondents no. 1 & 2.

U.C. Dhyani, J. (Oral)

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

2. A first information report was lodged by the respondent no. 3 against the petitioners. Learned counsel for the petitioners read the contents of the first information repot. Whereas petitioner no. 2 & 3 are father-in-law and mother -in-law of respondent no. 3, petitioner no. 1 is the husband.

3. After hearing learned counsel for the petitioners, learned counsel for the State and having gone through the contents of the first information report, it is provided, as an interim measure, that during the course of interrogation and 2

investigation, no coercive measures shall be taken against the petitioners no. 2 and 3, provided they cooperate with the investigating agency.

4. Learned counsel for the petitioners submitted that some kind of interim protection from arrest may also be given to the petitioner no. 1. Learned counsel for the petitioners placed a copy of the judgment rendered by Hon’ble Supreme Court on July, 2, 2014, in Criminal Appeal No. 1277 of 2014, captioned as Arnesh Kumar vs. State of Bihar and another.

5. This Court has carefully considered the judgment cited by learned counsel for the petitioners. It is provided that the petitioner no. 1-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 no. 1 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.

6. Misc. Application No. 1159 of 2014 stands disposed of.

(U.C. Dhyani, J.)

06.08.2014

Kaushal

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