WPCRL/2126/2021
2021 Latest Caselaw 4778 UK

        IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
                   26TH NOVEMBER, 2021
      CRIMINAL WRIT PETITION NO.2126 OF 2021


Between:

Gagan Sharma @ Gagan Vashistha and Others.
                                    ...Petitioners.

and

State of Uttarakhand and others.          ...Respondents.


Counsel for the Petitioners:   Mr. Narendra Bali, learned
                               counsel.


Counsel for the Respondent     Mr. Rohit Dhyani and Mr.
Nos.1 and 2:                   Pramod     Tiwari,    learned
                               Brief Holders 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.0431 of 2021, registered with Police Station Ranipur, District Haridwar for the offence under Sections 147, 380, 427, 504 of IPC.

2. Heard Mr. Narendra Bali, the learned counsel for the petitioners and Mr. Rohit Dhyani and Mr. Pramod Tiwari, the learned Brief Holders 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 Ranipur, 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.2126 of 2021 is disposed of with the direction to the Station House Officer, Police Station Ranipur, 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