WPCRL/731/2022
2022 Latest Caselaw 1304 UK

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


                     25TH APRIL, 2022


      CRIMINAL WRIT PETITION NO.731 of 2022


Between:

Sumit and Four Others                        ...Petitioners.

and

State of Uttarakhand and Others.           ...Respondents.


Counsel for the Petitioners:   Mr. B.S. Koranga, learned
                               counsel.

Counsel for the State/     :   Mr. S.S. Adhikari, learned
Respondent Nos. 1 & 2          Deputy Advocate General
                               for the State.

Counsel for the Respondent: Mr. D.P.        Mittal,   learned
No.3                        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.176 of 2022, registered with Police Station Rishikesh, District Dehradun for the offence under Sections 323, 504, 354 and 147 of IPC.

2. Heard Mr. B.S. Koranga, the learned counsel for the petitioners, Mr. S.S. Adhikari, the learned Deputy Advocate General for the State and Mr. D.P. Mittal, the learned counsel for the respondent no.3.

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 Rishikesh, 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 petitioners.

4. The learned counsel for the State and the learned counsel for the respondent no.3 have no objection on the above submission of the learned counsel for the petitioners.

5. In view of the above, this Criminal Writ Petition No.731 of 2022 is disposed of with a direction to the Station House Officer, Police Station Rishikesh, 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: 25.04.2022 JKJ/Pant