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WPCRL/1132/2021 on 12 July, 2021

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WPCRL No.1132 of 2021

Hon’ble N.S. Dhanik, J .

Mr. Shariq Khurshid, learned
counsel for the petitioners.
Mr. J.S. Virk, learned Deputy
Advocate General for the State.
This writ petition is filed seeking for
a writ of certiorari to quash the FIR
lodged against the petitioners, details
whereof are given in the prayer clause.
Learned counsel for the petitioners
would submit that the offence under
Section 377 IPC is against the co-
accused (husband of the respondent no.

3) not against the present applicants.

The writ petition is being disposed
of at the admission stage itself with the
consent of learned counsel for the

In view of the judgment rendered
by Hon’ble Apex Court in
Arnesh Kumar
v. State of Bihar and another,
reported in (2014) 8 SCC 273, the
petitioners should be arrested only when
the Investigating Officer has reason to
believe on the basis of information and
material collected, that they have
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
petitioners 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. Petitioners are
directed to contact the Investigation
Officer on or before 26.07.2021.

The prayer is not being objected to
by the learned State Counsel.

Criminal writ petition is summarily
disposed of with the direction as above
and with the consent of learned counsel
for the parties.

All pending applications also stand
disposed of.

(N.S. Dhanik, J.)


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