Hon'ble Sudhanshu Dhulia, J. (Oral)
Heard Mr. M.A Khan, Advocate present for the petitioner and Mr. K.S Rautela, learned Government Advocate assisted by Mr. K.S Rawal, Brief Holder present for the State of Uttarakhand/respondent Nos. 1 & 2.
An First Information Report has been lodged against the petitioner on 23.11.2014, which has been registered in Case Crime No. 205 of 2014 under Section 6(1)/11(2) of Uttarakhand Protection of Cow Progeny Act, 2007 and Section 11(A)(d)(F) of Prevention of Cruelty to Animals Act, 1960, at Police Station Kotdwar, District Pauri Garhwal.
Learned counsel for the petitioner submits that petitioner was not arrested on the spot and he is not named in the FIR.
Considering the direction given by the Hon'ble Apex Court in the case of Arnesh Kumar v. State of Bihar, reported in (2014) 8 SCC 273, wherein it has been observed that arrests by the police are in a mechanical manner without there being any application of mind as to the direction contained in Section 41 of Cr.P.C The Hon'ble Court has even given a direction that before arresting a person on charges where the maximum punishment is less than seven years. These precautions must be taken into consideration.
In view thereof, as an interim measure it is provided that though the investigation may go on but until further orders of this Court, unless modified earlier, or till the filing of the charge sheet, whichever is earlier, petitioner shall not be arrested nor any coercive measure shall be taken against him in pursuance of Case Crime No. 205 of 2014 under Section 6(1)/11(2) of Uttarakhand Protection of Cow Progeny Act, 2007 and Section 11(A)(d)(F) of Prevention of Cruelty to Animals Act, 1960, at Police Station Kotdwar, District Pauri Garhwal provided the petitioner cooperates in the investigation.
However, in case such material comes before the police or it has reasonable apprehension for some reason and the arrest of the petitioner is warranted, then they should apprise this Court. It is made clear that the police, in such an event as above, must consider the guidelines given under Section 41(1) of Cr.P.C as well as directions contained in the judgment of Hon'ble Apex Court in the case of Arnesh Kumar v. State of Bihar, reported in (2014) 8 SCC 273.
Issue notice to respondent no. 3. Steps to be taken within one week.
Respondents shall file their reply within a period of three weeks. Petitioner to file his rejoinder affidavit within a period of three weeks thereafter.
List this matter after seven weeks in a daily cause list.
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