WPCRL/548/2022
2022 Latest Caselaw 1107 UK

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


                        5TH APRIL, 2022


      CRIMINAL WRIT PETITION NO.548 of 2022


Between:

Avesh Bhandari alias Antesh Bhandari and Others
                                         ...Petitioners.

and

State of Uttarakhand and Others.              ...Respondents.


Counsel for the Petitioners :   Mr. Hemant Singh Mehra,
                                learned   counsel  holding
                                brief of Mr. Vivek Pathak,
                                learned counsel.

Counsel for the State/      :   Mr.    Pratiroop         Pandey,
Respondent nos. 1 to 3.         learned A.G.A.          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.0038 of 2022, registered with Police Station Kathgodam, District Nainital.

2. Heard Mr. Hemant Singh Mehra, the learned counsel holding brief of Mr. Vivek Pathak, the learned counsel for the petitioners and Mr. Pratiroop Pandey, the learned A.G.A. for the State/respondent nos.1 to 3.

3. Mr. Pratiroop Pandey, the learned A.G.A. for the State submitted that the petitioner no.1, namely,

Avesh Bhandari alias Antesh Bhandari, the petitioner no.2-Smt. Kanchan Bhandari, the petitioner no.3-Sunil Anand and the petitioner no.4-Smt. Pooja Anand are wanted in the offence punishable under Sections 323, 498A,504,506 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961.

4. 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 Kathgodam, 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.

5. The learned counsel for the State has no objection on the above submission of the learned counsel for the petitioners.

6. In view of the above, this Criminal Writ Petition No.548 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kathgodam, 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: 05.04.2022 Neha