WPCRL/265/2022
2022 Latest Caselaw 1076 UK

        IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
        THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                      1ST APRIL, 2022


      CRIMINAL WRIT PETITION NO.265 of 2022


Between:

Virendra Mohan                                 ...Petitioner.

and

State of Uttarakhand and Others.            ...Respondents.


Counsel for the Petitioner :      Mr.    Sunil     Upadhyaya,
                                  learned counsel.

Counsel for the State/       :    Mr. V.S. Rathore, learned
Respondent nos. 1 to 4.           A.G.A. for the State.

Counsel for the Respondent: Mr.     Akshya            Pradhan,
no.5                        learned counsel.


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.1 of 2021, registered with Revenue Police Station Patwari Area, Deda, Tehsil Ranikhet, District Almora for the offence under Sections 147, 354, 354C, 354D, 448, 509 read with 34 of I.P.C.

2. Heard Mr. Sunil Upadhyaya, the learned counsel for the petitioner, Mr. V.S. Rathore, the learned A.G.A. for the State/respondent nos.1 to 4 and Mr. Akshay Pradhan, the learned counsel for the respondent no.5.

3. The learned counsel for the State submitted that during the investigation, sections are altered and now the petitioner is wanted for the offence under Sections 354A & 509 of I.P.C.

4. During the arguments, the learned counsel appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Patwari, Revenue Police Station Patwari Area, Deda, Tehsil Ranikhet, District Almora/respondent no.4, and the Investigating Officer to follow the judgment of the Hon'ble Supreme Court, passed in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273, before proceed to arrest the petitioner.

5. The learned counsel for the State/respondent nos.1 to 4 and the learned counsel for the respondent no.5 have no objection on the above submission of the learned counsel for the petitioner.

6. In view of the above, this Criminal Writ Petition No.265 of 2022 is disposed of with a direction to the concerned Patwari, Revenue Police Station Patwari Area, Deda, Tehsil Ranikhet, District Almora/respondent no.4 and the Investigating Officer to follow the guidelines formulated by the Hon'ble Supreme Court in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273.

__________________ ALOK KUMAR VERMA, J.

Dt: 01.04.2022 JKJ/Neha