WPCRL/732/2022
2022 Latest Caselaw 1295 UK

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


                      25th April, 2022


      CRIMINAL WRIT PETITION NO. 732 of 2022


Between:

Ashish                                          ...Petitioner.

and

State of Uttarakhand and Others.            ...Respondents.


Counsel for the Petitioner :   Mr. Vinod Chandra, learned
                               counsel.

Counsel for the State/     :   Mr.    Pratiroop           Pandey,
Respondent nos. 1 & 2.         learned A.G.A.            for the
                               State.


Counsel for the Respondent: Mr. R.K.Chauhan, learned
no.3.                       counsel holding brief of Mr.
                            Sanjeev    Singh,    learned
                            counsel.

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. 0144 of 2022, registered with Police Station Bahadarabad, District Haridwar for the offence under Section 363 of IPC.

2. Heard Mr. Vinod Chandra, the learned counsel for the petitioner, Mr. Pratiroop Pandey, the learned A.G.A. for the State and Mr. R.K.Chauhan, learned

counsel holding brief of Mr. Sanjeev Singh, learned counsel for the respondent no.3.

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 Bahadarabad, District Haridwar, 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 respondents have no objection on the above submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No. 732 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bahadarabad, District Haridwar, 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: 25.04.2022 Nahid