WPCRL/2354/2021
2021 Latest Caselaw 5418 UK

        IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                   30TH DECEMBER, 2021
      CRIMINAL WRIT PETITION NO.2354 of 2021


Between:

Mohammad Yusuf and Another.                 ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners:   Mr. Mehboob Rahi, learned
                               counsel.

Counsel for the State/     :   Mrs. Meena Bisht, learned
Respondent nos. 1 & 2.         Brief Holder for the State.


Counsel for the Caveator/:     Mr. Amar Murti       Shukla,
Respondent no.3                learned counsel.


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.366 of 2021, registered with Police Station I.T.I., District Udham Singh Nagar for the offence under Sections 420 and 120 B of IPC; a writ of mandamus directing the respondent no.2 not to arrest the petitioner in pursuance to the impugned FIR.

2. Heard Mr. Mehboob Rahi, the learned counsel for the petitioners, Mrs. Meena Bisht, the learned Brief Holder for the State and Mr. Amar Murti Shukla, the learned counsel for the Caveator/respondent no.3.

3. During the arguments, the learned counsel for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station I.T.I., 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 and the learned counsel for the respondent no. 3 have no objection on the above submission of the learned counsel for the petitioners.

5. In view of the above, this Criminal Writ Petition No.2354 of 2021 is disposed of with a direction to the Station House Officer, Police Station I.T.I., 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: 30th December, 2021 Neha