WPCRL/577/2022
2022 Latest Caselaw 1108 UK

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


                        05TH APRIL, 2022


      CRIMINAL WRIT PETITION NO.577 of 2022


Between:

Rahul Kumar and Others                          ...Petitioners.

and

State of Uttarakhand and Others.              ...Respondents.


Counsel for the Petitioners:     Mrs. Neetu Singh, learned
                                 counsel.

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

Counsel for the informant/:      Mr. S.P. Singh, learned
Respondent No.3                  counsel holding brief of Mr.
                                 Sanjeev    Singh,    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.144 of 2022, registered with Police Station Bahadarabad, District Haridwar for the offence under Section 363 of I.P.C.

2. Heard Mrs. Neetu Singh, the learned counsel for the petitioners, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State and Mr. S.P. Singh, the

learned counsel holding brief of Mr. Sanjeev Singh, the learned counsel for the informant/respondent no.3.

3. During the arguments, the learned counsel for the petitioners submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Bahadarabad, 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 appearing 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.577 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bahadarabad, 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: 05.04.2022 JKJ/Pant