WPCRL/2099/2021
2021 Latest Caselaw 4742 UK

        IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                   24TH NOVEMBER, 2021
      CRIMINAL WRIT PETITION NO.2099 OF 2021


Between:

Mohd. Irshad S/o Aash Mohd.                 ...Petitioner.

and

State of Uttarakhand and others.         ...Respondents.


Counsel for the Petitioner:   Ms. Manju Bahuguna and
                              Mr.D.N. Sharma, 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.0436 of 2021, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Section 380 of IPC.

2. Heard Ms. Manju Bahuguna and Mr. D.N. Sharma, the learned counsel for the petitioner 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 petitioner submitted that this petition may be disposed of with the direction to the concerned Station

House Officer, Police Station Rudrapur, 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.2099 of 2021 is disposed of with the direction to the Station House Officer, Police Station Rudrapur, 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: 24th November, 2021 Sukhbant