WPCRL/713/2022
2022 Latest Caselaw 1288 UK

Citation : 2022 Latest Caselaw 1288 UK
Judgement Date : 22 April, 2022

Uttarakhand High Court

WPCRL/713/2022 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.713 of 2022


Between:

Mukesh Kumar and two Others                  ...Petitioners.

and

State of Uttarakhand and Others.         ...Respondents.


Counsel for the Petitioners :   Mr. S.R.S.    Gill,   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.104 of 2022, registered with Police Station Kotwali Kotdwar, District Pauri Garhwal for the offence under Sections 452, 323, 354, 504, 506 and 294 of IPC.

2. Heard Mr. S.R.S. Gill, the learned counsel for the petitioners and Mr. S.S. Adhikari, the learned Deputy Advocate General 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 Kotwali

Kotdwar, District Pauri Garhwal, 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 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.713 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali Kotdwar, District Pauri Garhwal, 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