WPCRL/2131/2021
2021 Latest Caselaw 4776 UK

        IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                   26TH NOVEMBER, 2021
      CRIMINAL WRIT PETITION NO.2131 OF 2021


Between:

Deepak Saini and Another.                 ...Petitioners.

and

State of Uttarakhand and others.          ...Respondents.


Counsel for the Petitioners:   Mr. Pramod Bailwal, learned
                               counsel.


Counsel for the Respondent     Mr.     Ranjan     Ghildiyal,
Nos.1 and 2:                   learned            Assistant
                               Government         Advocate
                               assisted by Mr. P.S. Uniyal,
                               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.0553 of 2021, registered with Police Station Jhabrera, District Haridwar for the offence under Sections 384, 420, 406 of IPC.

2. Heard Mr. Pramod Bailwal, the learned counsel for the petitioners and Mr. Ranjan Ghildiyal, the learned Assistant Government Advocate assisted by Mr. P.S. Uniyal, 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 Jhabrera, District Haridwar, 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.2131 of 2021 is disposed of with the direction to the Station House Officer, Police Station Jhabrera, District Haridwar, 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: 26th November, 2021 Sukhbant