WPCRL/2348/2021
2021 Latest Caselaw 5402 UK

Citation : 2021 Latest Caselaw 5402 UK
Judgement Date : 29 December, 2021

Uttarakhand High Court

WPCRL/2348/2021 on 29 December, 2021

        IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                   29TH DECEMBER, 2021
      CRIMINAL WRIT PETITION NO.2348 OF 2021


Between:

Rameshwar Mandal                               ...Petitioner.

and

State of Uttarakhand and others.             ...Respondents.


Counsel for the Petitioner:    Mr. Vikas Kumar Guglani,
                               learned counsel.


Counsel for the Respondent     Ms. Meena Bisht, learned
Nos.1, 2 and 3:                Brief Holder 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.0204 of 2021, registered with Police Station Dineshpur, District Udham Singh Nagar for the offence under Sections 147, 148, 149, 186, 341, 353, 354A, 332, 504, 506, 34 of IPC.

2. Heard Mr. Vikas Kumar Guglani, the learned counsel for the petitioner and Ms. Meena Bisht, the learned Brief Holder for the State.

3. During the arguments, the learned counsel for the petitioner submitted that this petition may be disposed of with the direction to the concerned Station House Officer, Police Station Dineshpur, District Udham Singh Nagar, 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 petitioner.

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

5. In view of the above, this Criminal Writ Petition No.2348 of 2021 is disposed of with the direction to the Station House Officer, Police Station Dineshpur, District Udham Singh Nagar, 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