WPCRL/2091/2021
2021 Latest Caselaw 4680 UK

        IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                    22ND NOVEMBER, 2021
      CRIMINAL WRIT PETITION NO.2091 OF 2021


Between:

Kamal Singh @ Kamaldeep Singh S/o Shri Kulavant
Singh.                                    ...Petitioner

and

Senior Superintendent of Police and others.
                                        ...Respondents


Counsel for the Petitioner:   Mr. Shailabh Pandey,
                              learned counsel.


Counsel for the Respondent    Mr. V.S. Rathore, learned
Nos.1 and 2:                  Assistant Government
                              Advocate assisted by Mr.
                              Sachin Panwar, 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.365 of 2021, registered with Police Station Sitarganj, District Udham Singh Nagar for the offence under Sections 186, 353, 504, 506 of IPC.

2. Heard.

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/ the Investigating Officer to follow the judgment of the Hon'ble Supreme Court, passed in Arnesh Kumar vs. State of Bihar and another,

reported in (2014) 8 SCC 273, before proceed to arrest the petitioner.

4. The learned counsel for the State has no objection.

5. Therefore, this Criminal Writ Petition No.2091 of 2021 is disposed of with the direction to the Station House Officer, Police Station Sitarganj, 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: 22nd November, 2021 BS