WPCRL/608/2022
2022 Latest Caselaw 1173 UK

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


                       8TH APRIL, 2022


      CRIMINAL WRIT PETITION NO. 608 of 2022


Between:

Mehar Deen                                      ....Petitioner.

and

State of Uttarakhand and Others.              ...Respondents.


Counsel for the Petitioner :       Mohd. Safdar.


Counsel for the State/       :     Mr. Pratiroop Pande, learned
Respondent nos. 1 & 2.             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. 0395 of 2022, registered with Police Station Manglaur, District Haridwar for the offence punishable under Section 505 (1) (b) of I.P.C.

2. Heard Mohd. Safdar, the learned counsel for the petitioner and Mr. Pratiroop Pande, the learned A.G.A for the State.

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 Manglaur, 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.

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

5. In view of the above, this Criminal Writ Petition No. 608 of 2022 is disposed of with a direction to the Station House Officer, Police Station Manglaur, 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: 8th April, 2022 Nahid