WPCRL/651/2022
2022 Latest Caselaw 1204 UK

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


                      13TH APRIL, 2022


      CRIMINAL WRIT PETITION NO.651 of 2022


Between:

Vishal Tripathi Alias Osho                    ...Petitioner.

and

State of Uttarakhand and Others.          ...Respondents.


Counsel for the Petitioner :     Mr. R.C. Tamta with Ms.
                                 Meenu, learned counsel.

Counsel for the State/       :   Mr.    Shubhash     Tyagi
Respondent nos. 1 & 2.           Bharadwaj, learned 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.132 of 2021, registered with Police Station Jhankaiya, District Udham Singh Nagar, for the offence under Section 13 of the Public Gambling Act, 1867.

2. Heard Mr. R.C. Tamta with Ms. Meenu, learned counsel for the petitioner and Mr. Shubhash Tyagi Bharadwaj, learned Deputy Advocate General 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 Jhankaiya, 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 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.651 of 2022 is disposed of with a direction to the Station House Officer, Police Station Jhankaiya, 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.

6. Let a certified copy of this order be supplied to the learned counsel for the petitioner, today itself, on payment of usual charges.

__________________ ALOK KUMAR VERMA, J.

Dt: 13th April, 2022 Pant/