WPCRL/621/2022
2022 Latest Caselaw 1178 UK

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


                       11TH APRIL, 2022


      CRIMINAL WRIT PETITION NO.621 of 2022


Between:

Rudal Kumar and Others                           ...Petitioners.

and

State of Uttarakhand and Others.               ...Respondents.


Counsel for the Petitioners:      Mr.    Harshpal        Sekhon,
                                  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.22 of 2022, registered with Police Station Jhankaiya, District Udham Singh Nagar for the offence under Sections 323, 498-A, 504, 506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, 1961.

2. Heard Mr. Harshpal Sekhon, the learned counsel for the petitioners and Mr. Pratiroop Pandey, the learned A.G.A. for the State.

3. 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

Jhankaiya, District Udham Singh Nagar, the respondent no.3, 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 for the State has no objection on the above submission of the learned counsel for the petitioners.

5. In view of the above, this Criminal Writ Petition No.621 of 2022 is disposed of with a direction to the Station House Officer, Police Station Jhankaiya, District Udham Singh Nagar, the respondent no.3 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: 11.04.2022 JKJ/Neha