WPCRL/514/2022
2022 Latest Caselaw 1098 UK

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


                       04TH APRIL, 2022


      CRIMINAL WRIT PETITION NO.514 of 2022


Between:

Harsh R Kilachand and Smt. Madhavi Kilachand
                                         ...Petitioners.

and

State of Uttarakhand and Others.            ...Respondents.


Counsel for the Petitioners :   Mr. Arvind Vashisth, learned
                                Senior Advocate assisted by
                                Mr. Ajay Joshi, learned
                                counsel holding brief of Mr.
                                Kaushal Pandey.

Counsel for the State/   :      Mr. S. S. Adhikari, learned
Respondent nos.1, 2 & 4.        Deputy Advocate General
                                for the State.


Counsel for the Respondent
                                : Mr. Lalit Sharma.
No.3



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.17 of 2022, registered with Police Station Mukteshwar, District Nainital for the offence under Section 420 of IPC.

2. Heard Mr. Arvind Vashisth, learned Senior Advocate assisted by Mr. Ajay Joshi, learned counsel

holding brief of Mr. Kaushal Pandey, the learned counsel for the petitioners, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State/ respondent nos.1, 2 and 4 and Mr. Lalit Sharma, learned counsel for the respondent no.3.

3. During the arguments, the learned counsel appearing for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Mukteshwar, District Nainital, the respondent no.2, 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 petitioners.

4. The learned counsel for the respondents have no objection on the above submission of the learned counsel for the petitioners.

5. In view of the above, this Criminal Writ Petition No.514 of 2022 is disposed of with a direction to the Station House Officer, Police Station Mukteshwar, District Nainital, the respondent no.2 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: 04.04.2022 Pant