PRITAM ALIAS PAPPU AND ANR v. STATE OF UTTARAKHAND
WPCRL/1372/2025 · 2025-11-10
Ashish Naithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15631 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15631 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:9893 SL . N o. Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGE’S ORDERS
WPCRL No. 1372 of 2025
Hon ’ble Ash ish Nait h an i, J.
Mr. Vikas Anand and Ms. Gyan Mati Kushwaha,
learned counsel for the Petitioners.
2. Mr. G. C. Joshi, learned A.G.A. for the State.
3. The present writ petition under Article 226 of the Constitution of India is filed by the Petitioners for quashing the F.I.R. dated 24.10.2025 lodged by the informant in Case Crime No.273 of 2025 at Police Station I.T.I., District Udham Singh Nagar, under Section 420 of IPC.
4. During the arguments, the learned counsel for the Petitioners submits that this writ petition may be
disposed of with a direction to the Station House Officer, Police Station I.T.I., District Udham Singh Nagar/respondent no.3 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 Petitioners.
5. Learned State counsel has no objection on the
submissions made by the learned counsel for the Petitioners.
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.
2025:UHC:9893
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 petitioners’ co-operation in the investigation, the Investigating Officer of the case shall not arrest the Petitioners 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 Petitioners shall extend full co-operation in the investigation and shall appear before the Investigating Officer as and when called upon.
(Ashish Naithani, J.)
10.11.2025 Akash