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2025 DAILYLAW 14010 (UTT)

SATISH BENIWAL v. STATE OF UTTARAKHAND

WPCRL/1522/2025 · 2025-11-24

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.1522 of 2025 Hon’ble Ashish Naithani, J. Mr. R.C. Tamta, learned counsel for the petitioner. 2. Mr. N.S. Kanyal, learned AGA for the State. 3. The present writ petition under Article 226 of the Constitution of India is filed by the petitioner for quashing the F.I.R. No.0210/2024 dated 14.06.2024, u/s 420 of Indian Penal Code, 1860 lodged at Sitarganj, District Udham Singh Nagar. 4. During the arguments, the learned counsel for the petitioner submits that this writ petition may be disposed of with a direction to the respondent no.2 to follow the judgment of the Hon’ble Supreme Court, passed in ‘Arnesh Kumar vs. State of Bihar and Another’, (2014) 8 SCC 273, before proceed to arrest the petitioner. 5. Learned State counsel has no objection on the submissions made by the learned counsel for the petitioner. 6. Having considered the submissions, this Court reminds the Investigating Officer concerned to adhere strictly to the law laid down by the Hon’ble Supreme Court in Arnesh Kumar (supra). The Investigating Officer shall abide by the requirements of Section 41 and 41A CrPC before effecting any arrest. 7. In view of the submissions made by learned counsel for the parties, the present writ petition is disposed of with a direction to the respondent no.2 to follow the guidelines formulated by the Hon’ble Supreme Court in ‘Arnesh Kumar vs. State of Bihar and Another’, (2014) 8 SCC 273. 8. It is directed that in the event of the petitioner’s co-operation in the investigation, the Investigating Officer of the case shall not arrest the petitioner without satisfying himself regarding the necessity of arrest as per the mandate of Section 41 CrPC read with the guidelines in Arnesh Kumar (supra). 9. The petitioner shall extend full co-operation in the investigation and shall appear before the Investigating Officer as and when called upon. (Ashish Naithani, J.) 24.11.2025 Ravi