Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nUttarakhand High Court\nWPCRL/256/2021 on 24 February, 2021                Office Notes,\n             reports, orders or\nSL.           proceedings or\n      Date                                    COURT'S OR JUDGES'S ORDERS\nNo             directions and\n             Registrar's order\n              with Signatures\n\n\n\n                                  WPCRL No. 256 of 2021\n\n                                  Hon'ble N.S. Dhanik, J .\n\n                                        Ms. Charanjeet Kaur, learned counsel\n                                  for the petitioners.\n                                        Mr. Pramod Tiwari, learned Brief\n                                  Holder for the State of Uttarakhand.\n                                         This writ petition is filed seeking for\n                                  a writ of certiorari to quash the FIR lodged\n                                  against the petitioners, details whereof are\n                                  given in the prayer clause.\n                                        Learned State Counsel, as per\n                                  instructions, submits that since at the\n                                  place of incident, no CCTV cameras were\n                                  installed, therefore, no recording were\n                                  recorded as such.\n                                        The writ petition is being disposed of\n                                  at the admission stage itself with the\n                                  consent of learned counsel for the parties.\n                                        In view of the judgment rendered by\n                                  Hon'ble Apex Court in Arnesh Kumar vs.\n                                  State of Bihar and another, reported in\n                                  (2014) 8 SCC 273, the petitioner should\n                                  be arrested only when the Investigating\n                                  Officer has reason to believe on the basis\n                                  of information and material collected, that\n                                  he has committed an offence. Before\n                                  making arrest, the Investigating Officer is\n                                  required to satisfy himself that the arrest\n                                  is necessary for one or more purposes\n                                  envisaged by Sub-Clauses (a) to (e) of\n                                  Clause (1) of Section 41 of Cr.P.C. It will\n                                  not be based upon the ipse dixit of the\n                                  Police Officer. In other words, the\n                                  petitioner shall be arrested only when the\n                                  conditions stipulated in Sub-Clauses (a) to\n                                  (e) of Clause (1) of Section 41 of Cr.P.C.\n                                  are satisfied. Petitioners are directed to\n contact the Investigation Officer on or\nbefore 15.03.2021.\n     Criminal writ petition is summarily\ndisposed of with the direction as above.\n     All pending applications also stand\ndisposed of.\n\n                      (N.S. Dhanik, J.)\n\n                         24.02.2021\nSB