WPCRL/243/2022
2022 Latest Caselaw 1100 UK

Citation : 2022 Latest Caselaw 1100 UK
Judgement Date : 4 April, 2022

Uttarakhand High Court

WPCRL/243/2022 on 4 April, 2022

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


                      4TH APRIL, 2022


      CRIMINAL WRIT PETITION NO.243 of 2022


Between:

Akash Karnwal and Deepak Kashyap            ...Petitioners

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners :   Mr. Mohd. Safdar, learned
                                counsel.

Counsel for the State/     :    Mr. V.S. Rathore, learned
Respondent nos. 1 & 2           AGA for the State.


Counsel for the Respondent
                                Mr. Vaibhav Singh Chauhan,
No.3
                                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.102 of 2022, registered with Police Station Ranipur, District Haridwar for the offence under Sections 120B, 420 and 506 of IPC.

2. Heard Mr. Mohd. Safdar, learned counsel for the petitioners, Mr. V.S. Rathore, learned AGA for the State/ respondent nos.1 and 2 and Mr. Vaibhav Singh Chauhan, 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 Ranipur, District Haridwar, 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.243 of 2022 is disposed of with a direction to the Station House Officer, Police Station Ranipur, District Haridwar, 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/