WPCRL/762/2022
2022 Latest Caselaw 1337 UK

Citation : 2022 Latest Caselaw 1337 UK
Judgement Date : 27 April, 2022

Uttarakhand High Court

WPCRL/762/2022 on 27 April, 2022

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


                        27th April, 2022


      CRIMINAL WRIT PETITION NO. 762 of 2022


Between:

Rifakat                                    ...Petitioner.

and

State of Uttarakhand and Others.           ...Respondents.


Counsel for the Petitioner :     Mr. 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. 454 of 2020, registered with Police Station Kotwali Jwalapur, District Haridwar for the offence under Sections 498-A, 323, 504, 506, 509 of IPC and Section 67 of the Information Technology Act, 2000.

2. Heard Mr. Mohd. Safdar, the learned counsel for the petitioner and Mr. Pratiroop Pandey, the learned A.G.A. for the State.

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 Kotwali Jawalapur 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 respondent has no objection on the above submission of the learned counsel for the petitioner.

5. In view of the above, this Criminal Writ Petition No. 762 of 2022 is disposed of with a direction to the Station House Officer, Police Station Kotwali Jwalapur, 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: 27.04.2022 Nahid