WPCRL/2117/2021
2021 Latest Caselaw 4768 UK

Citation : 2021 Latest Caselaw 4768 UK
Judgement Date : 25 November, 2021

Uttarakhand High Court

WPCRL/2117/2021 on 25 November, 2021

        IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                   25TH NOVEMBER, 2021
      CRIMINAL WRIT PETITION NO.2117 OF 2021


Between:

Ashish Soni.                              ...Petitioner.

and

State of Uttarakhand and others.         ...Respondents.


Counsel for the Petitioner:   Mr. M.K. Ray, learned
                              counsel.


Counsel for the Respondent    Mr. Rohit Dhyani, learned
Nos.1 and 2:                  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.737 of 2020, registered with Police Station Rudrapur, District Udham Singh Nagar for the offence under Sections 498-A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act.

2. Heard Mr. M.K. Ray, the learned counsel for the petitioner and Mr. Rohit Dhyani, 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.2117 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: 25th November, 2021 Sukhbant