WPCRL/624/2022
2022 Latest Caselaw 1188 UK

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


                     12TH APRIL, 2022


      CRIMINAL WRIT PETITION NO.624 of 2022


Between:

Kushal Chand.                               ...Petitioner.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioner :   Mr. Amar Murti       Shukla,
                               learned counsel.

Counsel for the State/     :   Mr. S.S. Adhikari, learned
Respondent nos. 1 & 2.         Deputy Advocate General
                               assisted by Mr. Balvinder
                               Singh, learned Brief Holder
                               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.137 of 2022, registered with Police Station Bazpur, District Udham Singh Nagar for the offence under Sections 323, 332, 342, 353, 379 & 504 of IPC.

2. Heard Mr. Amar Murti Shukla, the learned counsel for the petitioner and Mr. S.S. Adhikari, the learned Deputy Advocate General assisted by Mr. Balvinder Singh, the learned Brief Holder 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 Bazpur, District Udham Singh Nagar/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.624 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bazpur, District Udham Singh Nagar/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: 12.04.2022 Neha