WPCRL/2344/2021
2021 Latest Caselaw 5393 UK

        IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                     29TH DECEMBER, 2021
      CRIMINAL WRIT PETITION NO.2344 OF 2021


Between:

Naveen Chandra Suyal and Others.                    ...Petitioners.

and

State of Uttarakhand and others.                    ...Respondents.


Counsel for the Petitioners:       Mr. Pankaj Sharma, learned
                                   counsel.


Counsel for the Respondent         Ms. Manisha Rana Singh,
Nos.1 and 2:                       learned        Assistant
                                   Government Advocate for
                                   the State.

Hon'ble Alok Kumar Verma, J.

This criminal writ petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information Report No.0278 of 2021, registered with Police Station Kaladhungi, District Nainital for the offence under Sections 323, 504, 506, 498A of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

2. Heard Mr. Pankaj Sharma, the learned counsel for the petitioners and Ms. Manisha Rana Singh, the learned Assistant Government Advocate for the State.

3. During the arguments, the learned counsel for the petitioners submitted that this petition may be disposed of with the direction to the concerned Station House Officer, Police Station Kaladhungi, District Nainital, the respondent no.2 / the Investigating Officer to follow

the judgment of the Hon'ble Supreme Court, passed in Arnesh Kumar vs. State of Bihar and another, before proceed to arrest the petitioners.

4. The learned counsel for the State has no objection on the above submissions of the learned counsel for the petitioners.

5. In view of the above, this Criminal Writ Petition No.2344 of 2021 is disposed of with the direction to the Station House Officer, Police Station Kaladhungi, District Nainital, the respondent no.2 / the Investigating Officer to follow the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and another.

__________________ ALOK KUMAR VERMA, J.

Dt: 29th December, 2021 Sukhbant