WPCRL/735/2022
2022 Latest Caselaw 1300 UK

Citation : 2022 Latest Caselaw 1300 UK
Judgement Date : 25 April, 2022

Uttarakhand High Court

WPCRL/735/2022 on 25 April, 2022

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


                        25th April, 2022


       CRIMINAL WRIT PETITION NO. 735 of 2022


Between:

Irfan and Others                                ...Petitioners.

and

State of Uttarakhand and Others.               ...Respondents.


Counsel for the Petitioner :     Mohd.    Safdar,          learned
                                 counsel.

Counsel for the State/       :   Mr.    Pratiroop          Pandey,
Respondent nos. 1 & 2.           learned A.G.A.           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. 327 of 2022, registered with Police Station Bhagwanpur, District Haridwar for the offence under Sections 147, 148, 149, 323, 336, 153-A and 295-A of IPC.

2. Heard Mohd. Safdar, the learned counsel for the petitioners and Mr. Pratiroop Pandey, the learned A.G.A. 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 Bhagwanpur, 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 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.735 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bhagwanpur, 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