WPCRL/745/2022
2022 Latest Caselaw 1320 UK

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


                      26th April, 2022


      CRIMINAL WRIT PETITION NO. 745 of 2022


Between:

Km. Sonam                                    ...Petitioner.

and

State of Uttarakhand and Others.            ...Respondents.


Counsel for the Petitioner :      Mr.    Ramji     Srivastava,
                                  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.     Azmeen,      learned
no.3.                       counsel holding brief of Mr.
                            Lalit    Sharma,     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. 118 of 2022, registered with Police Station Doiwala, District Dehradun for the offence under Sections 120-B, 384, 323 and 504 of IPC.

2. Heard Mr. Ramji Srivastava, the learned counsel for the petitioner, Mr. Pratiroop Pandey, the learned A.G.A. for the State and Mr. Azmeen, learned

counsel holding brief of Mr. Lalit Sharma, 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 Doiwala, 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 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. 745 of 2022 is disposed of with a direction to the Station House Officer, Police Station Doiwala, 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: 26.04.2022 Nahid