WPCRL/2098/2021
2021 Latest Caselaw 4718 UK

        IN THE HIGH COURT OF UTTARAKHAND
                        AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                    24TH NOVEMBER, 2021
      CRIMINAL WRIT PETITION NO.2098 OF 2021


Between:

Smt. Kavita Paul and Two Others.                ...Petitioners.

and

State of Uttarakhand and others.               ...Respondents.


Counsel for the Petitioners:     Ms. Divya Jain and Ms.Gyan
                                 Mati, 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.0461 of 2021, registered with Police Station Vikas Nagar, District Dehradun for the offence under Sections 498A, 323, 504 and 506 of IPC.

2. Heard Ms. Divya Jain and Ms. Gyan Mati, the learned counsel for the petitioners and Mr. V.S. Rathore, the learned Assistant Government Advocate assisted by Mr. Sachin Panwar, the learned Brief Holder 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 Vikas Nagar, District

Dehradun, 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.2098 of 2021 is disposed of with the direction to the Station House Officer, Police Station Vikas Nagar, District Dehradun, 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.

6. Let a certified copy of this order be supplied, today itself, to the learned counsel for the petitioners, on payment of usual charges, as per rule.

__________________ ALOK KUMAR VERMA, J.

Dt: 24th November, 2021 Sukhbant