WPCRL/558/2022
2022 Latest Caselaw 1137 UK

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


                     6TH APRIL, 2022


      CRIMINAL WRIT PETITION NO.558 of 2022


Between:

Vipul Kumar.                                ...Petitioner.

and

State of Uttarakhand and Others.         ...Respondents.


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

Counsel for the State/   :     Mr. S.S. Adhikari, learned
Respondent nos. 1 and 2.       Deputy Advocate General
                               assisted by Mr. Balvinder
                               Singh, learned Brief Holder
                               for the State.

Counsel for the Respondent: Mr. Kanti       Ram,    learned
no.3/informant and victim.  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.0179 of 2022, registered with Police Station Kashipur, District Udham Singh Nagar for the offence under Sections 323, 354, 452 and 506 of I.P.C.

2. Heard Mr. Aditya Singh, the learned counsel for the petitioner, Mr. S.S. Adhikari, the learned Deputy Advocate General assisted by Mr. Balvinder Singh, the learned Brief Holder for the State/respondent nos.1 & 2

and Mr. Kanti Ram, the learned counsel for the respondent no.3.

3. During the arguments, the learned counsel appearing for the petitioner submitted that this writ petition may be disposed of with a direction to the concerned Station House Officer, Police Station Kashipur, District Udham Singh Nagar, 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.

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

5. In view of the above, this Criminal Writ Petition No.558 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kashipur, District Udham Singh Nagar, 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 Neha