WPCRL/645/2022
2022 Latest Caselaw 1257 UK

Citation : 2022 Latest Caselaw 1257 UK
Judgement Date : 20 April, 2022

Uttarakhand High Court

WPCRL/645/2022 on 20 April, 2022

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


                        20th APRIL, 2022


      CRIMINAL WRIT PETITION NO. 645 of 2022


Between:

Ashwani Kalra                                   .....Petitioner.

and

State of Uttarakhand and Others.               ...Respondents.


Counsel for the Petitioner :      Mr. Shikhar Kacker.


Counsel for the State/       :    Mr. T.C. Agarwal, learned
Respondent nos. 1 to 3.           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. 0094 of 2022, registered with Police Station Dalanwala, District Dehradun, for the offence under Section 380 of I.P.C.

2. Heard Mr. Shikhar Kacker, the learned counsel for the petitioner and Mr. T.C. Agarwal, the 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

Dalanwala, District Dehradun, 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. 645 of 2022 is disposed of with a direction to the Station House Officer, Police Station Dalanwala, District Dehradun, 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: 20th April, 2022 Nahid