WPCRL/711/2022
2022 Latest Caselaw 1287 UK

Citation : 2022 Latest Caselaw 1287 UK
Judgement Date : 22 April, 2022

Uttarakhand High Court

WPCRL/711/2022 on 22 April, 2022

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


                     22ND APRIL, 2022


      CRIMINAL WRIT PETITION NO.711 of 2022


Between:

Faeem Khan                                  ...Petitioner.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioner:   Mr. Ankit     Sah,    learned
                              counsel.

Counsel for the State/   :    Mr. S.S. Adhikari, learned
Respondent nos. 1 and 2.      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.144 of 2022, registered with Police Station Sitarganj, District Udham Singh Nagar for the offence under Sections 153A, 153B and 295A of IPC.

2. Heard Mr. Ankit Sah, the learned counsel for the petitioner and Mr. S.S. Adhikari, 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 Sitarganj,

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.711 of 2022 is disposed of with a direction to the Station House Officer, Police Station Sitarganj, 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.

__________________ ALOK KUMAR VERMA, J.

Dt: 22.04.2022 JKJ/Pant