WPCRL/573/2022
2022 Latest Caselaw 1136 UK

         IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL


       THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                          06TH APRIL, 2022


       CRIMINAL WRIT PETITION NO.573 of 2022


Between:

Pankaj                                               ...Petitioner

and

State of Uttarakhand and Others.                   ...Respondents.


Counsel for the Petitioner:          Mr. Bharat Singh, learned
                                     counsel.

Counsel for the State/          :    Mr. S.S. Adhikari, learned
Respondent nos. 1 & 2.               Deputy Advocate General
                                     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.267 of 2022, registered with Police Station Bhagwanpur, District Haridwar.

2. Heard Mr. Bharat Singh, learned counsel for the petitioner and Mr. S.S. Adhikari, learned Deputy Advocate General for the State.

3. The learned counsel for the State submitted that an instruction has been received from the Investigating Officer and according to the said

instruction, the petitioner-Pankaj is wanted in this matter for the offence under Sections 504 & 506 of I.P.C.

4. During the arguments, the learned counsel for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Bhagwanpur, 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 petitioner.

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

6. In view of the above, this Criminal Writ Petition No.573 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bhagwanpur, 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: 06.04.2022 JKJ/Neha