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Unknown vs Mr. Raman Kumar Sah, Deputy … on 1 August, 2014

Uttaranchal High Court Unknown vs Mr. Raman Kumar Sah, Deputy … on 1 August, 2014

WPCRL No.888 OF 2014

U. C. Dhyani, J.

Mr. Vinod Tiwari, Advocate present for the petitioner.

Mr. Raman Kumar Sah, Deputy Advocate General with Mr. Kuldeep Rawal, Brief Holder present for the State.

Issue notice to respondent no.4. Steps to be taken within a week. List this matter after notice is served upon the said respondent. Respondents may file their counter affidavits in the meanwhile. The FIR was lodged against the petitioner for the offences punishable under Sections 498A, 323, 506, 313 IPC and Section ¾ D.P. Act. 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 02.07.2014 in Criminal Appeal No.1277 of 2014, captioned as Arnesh Kumar vs. State of Bihar & another. The present petitioner is the husband of the daughter of respondent no.4. This Court has carefully perused 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. CLMA no.8237/2014 stands disposed of accordingly.

(U. C. Dhyani, J.)

Dated 01.08.2014

Rawat

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