WPCRL/2249/2021
2021 Latest Caselaw 5434 UK

        IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                   30TH DECEMBER, 2021
      CRIMINAL WRIT PETITION NO.2249 of 2021


Between:

Raja Kashap.                              ...Petitioner.

and

State of Uttarakhand and Others.              ...Respondents.


Counsel for the Petitioner:       Mr. Mani     Kumar, learned
                                  counsel.

Counsel for the State/        :   Mr. V.K. Gemini, learned
Respondent nos. 1 & 2.            Deputy Advocate General
                                  assisted by Mrs. Lata Negi,
                                  learned 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.320 of 2021, registered with Police Station Nanakmatta, District Udham Singh Nagar for the offence under Sections 323 and 363 of IPC.

2. Heard Mr. Mani Kumar, the learned counsel for the petitioner and Mr. V.K. Gemini, the learned Deputy Advocate General assisted by Mrs. Lata Negi, the learned Brief Holder for the State.

3. During the arguments, the learned counsel for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Nanakmatta, 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 submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No.2249 of 2021 is disposed of with a direction to the Station House Officer, Police Station Nanakmatta, 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