WPCRL/766/2022
2022 Latest Caselaw 1338 UK

Citation : 2022 Latest Caselaw 1338 UK
Judgement Date : 27 April, 2022

Uttarakhand High Court

WPCRL/766/2022 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. 766 of 2022


Between:

Mahendra Singh Dhoni                            ...Petitioner.

and

State of Uttarakhand and Others.               ...Respondents.


Counsel for the Petitioner :      Mr.    Ghanshyam           Joshi,
                                  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. 15 of 2022, registered with Police Station Bhimtal, District Nainital for the offence under Section 153-B and Section 505(2) of I.P.C.

2. Heard Mr. Ghanshyam Joshi, 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 Bhimtal

District Nainital, 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 State 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. 766 of 2022 is disposed of with a direction to the Station House Officer, Police Station Bhimtal, District Nainital, 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